Patna High Court
Jitendra MukhiyaversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and sureties.
Summary
The petitioners, Jitendra Mukhiya, Sabita Devi and Sikandra Mukhiya, sought anticipatory bail fearing arrest in a case (Darpa PS No.174/2025) registered under sections 137(2), 96 and 3(5) of the B.N.S, 2023, which alleged the kidnapping of an informant's daughter by Pradeep Kumar. The FIR also implicated the petitioners only on the basis that they allegedly abused the informant when he inquired about the kidnapping, a claim the petitioners argued was vague and based solely on their familial relationship to the co‑accused. They highlighted a seven‑day delay in lodging the FIR and their clean criminal record, offering to cooperate with the investigation. The State opposed the anticipatory bail. The Court, noting the delay, the vague and omnibus nature of the allegations, and the petitioners’ lack of antecedents, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, 2023, subject to a bail bond of Rs.10,000 and two sureties, and conditioned on surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted when the allegations against the petitioners are vague and based solely on family ties to a co‑accused
- Whether the seven‑day delay in filing the FIR warrants bail relief
- Applicability of Section 438(2) CrPC and Section 482(2) B.N.S, 2023 in the present circumstances
Legislation cited
- B.N.S., 2023 — s. 137(2), 3(5), 482(2), 96
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S
- delay in FIR
- vague allegations
- family members as co‑accused
- kidnapping
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90142 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- DARPA District- East Champaran
======================================================
1. Jitendra Mukhiya S/O Poondev Mukhiya @ Pundeo Mukhiya R/O Vill.-
Tinkoni, P.s.- Darpa, District- East Champarn
2. Sabita Devi W/O Jitendra Mukhiya R/O Vill.- Tinkoni, P.s.- Darpa, District-
East Champarn
3. Sikandra Mukhiya@ Sikandar Mukhiya S/O Poondev Mukhiya @ Pundeo
Mukhiya R/O Vill.- Tinkoni, P.s.- Darpa, District- East Champarn
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Darpa P.S. Case no.174 of 2025 registered under sections
137(2), 96 and 3(5) of B.N.S, 2023.
3. Allegations in the F.I.R is that daughter of the
informant was kidnapped by one Pradeep Kumar and others and
when the informant inquired about the same, the family
members of the said Pradeep Kumar indulged in abuse and
assault.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.90142 of 2025(2) dt.15-01-2026
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from a reading of the F.I.R it would be apparent that thrust of
the allegations is against co-accused Pradeep Kumar and the
allegations against these petitioners is confined to indulging in
abuse and assault upon inquiry being made from them with
regard to whereabouts of Pradeep Kumar and daughter of the
informant. The petitioners have been made an accused only on
vague belief that they also have a complicity in the kidnapping
of his daughter. There is delay of 7 days in lodging of the F.I.R.
The petitioners have no criminal antecedent and undertake to
co-operate in investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and considering that there is
inordinate delay of 7 days in lodging of F.I.R coupled with the
fact that petitioners have been made accused in the present case
with general and omnibus allegations on the basis of suspicion
being family members of co-accused Pradeep Kumar, it is
directed that the petitioners, above named, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Darpa P.S. Case no.174 of 2025 on each of
Patna High Court CR. MISC. No.90142 of 2025(2) dt.15-01-2026
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them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor Court, subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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