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Patna High Court

Beyash MukhiyaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as no fresh ground was shown and the seriousness of the offences warranted dismissal of the application.

Summary

The petitioner, Beyash Mukhiya, was charged under several sections of the Bharatiya Nyaya Sanhita for the murder of a person who opposed his illegal liquor business. He filed a second bail application after an earlier order granted bail to co‑accused but denied it to him. The petitioner argued that charges had not yet been framed, seeking this as a ground for bail. The court examined the seriousness of the offences, the lack of any new ground for bail, and the procedural status of charge framing. Concluding that the gravity of the alleged crimes outweighed the procedural lapse, the court dismissed the bail application and directed the trial court to expedite framing of charges. The decision reaffirmed the earlier order denying bail to the petitioner.

Issues considered

  • Whether the non‑framing of charges constitutes a sufficient ground to grant bail.
  • Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita precludes bail despite procedural delays.
  • Whether any fresh ground exists on a second bail application to merit a review of the earlier order.

Legislation cited

Subjects

  • bail
  • murder
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • charge framing
  • serious offence
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92017 of 2025
                     Arising Out of PS. Case No.-295 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Beyash Mukhiya S/o Late Bhagrit Mukhiya R/o Vill- Kuwarpur, Bintoli, P.S.-
                 Pipra, Dist- East Champaran, Motihari
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sumit Kumar Gupta, Advocate
                 For the State            :        Mr.Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Pipra P.S. Case

                   No. 295 of 2025 registered for the offence punishable under

                   Sections 126(2), 115(2), 118, 109(1), 303(2), 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 10.09.2025 passed in Cr. Misc.

                   No. 64127 of 2025, which reads as under:

                                            “Heard learned counsel for the
                                  petitioners and learned APP for the State.
                                            2. The petitioners seek bail in
                                  connection with Pipra P.S. Case No. 295 of
                                  2025 registered for the offence punishable
                                  under Sections 126(2), 115(2), 118, 109(1),
                                  303(2), 352 and 3(5) of the Bharatiya Nyaya
                                  Sanhita.
                                            3. The petitioners are accused of
           Patna High Court CR. MISC. No.92017 of 2025(2) dt.12-02-2026
                                                       2/2




                                   killing the deceased because the deceased and
                                   his family used to oppose the illegal business of
                                   selling liquor by Beyash Mukhiya i.e., petitioner
                                   no. 2 and thereafter, the petitioner no. 2 and
                                   other accused persons are said to have
                                   assaulted the victim and caused his death 4.
                                   Considering the allegation levelled against
                                   petitioner no. 2 i.e., Beyash Mukhiya, his
                                   application for bail is dismissed.
                                               5. So far as petitioner nos. 1 and 3
                                   are concerned, considering the general
                                   allegation against them and the fact that
                                   petitioner no. 1 is a woman, their prayer for
                                   bail is allowed.
                                               6. Let the petitioner nos. 1 and 3,
                                   above named, be released on bail on furnishing
                                   bail bonds of Rs. 10,000/- (ten thousand) each
                                   with two sureties of the like amount each to the
                                   satisfaction of the learned S.D.J.M., Sadar, East
                                   Champaran, Motihari in connection with Pipra
                                   P.S. Case No. 295 of 2025.”

                                  4. Learned counsel for the petitioner submits that the

                     charges have not been framed.

                                  5. Considering the gravity of the offence and the fact

                     that no fresh ground for grant of bail is made out, I am not

                     inclined to review my earlier order.

                                  6. Accordingly, the application stands dismissed.

                                  7. The trial Court is expected to expedite the trial and

                     frame the charge in accordance with law.


                                                                          (Sandeep Kumar, J)

P. Kumar
U      T


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