Patna High Court
Kundan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Kundan Mukhiya, was charged under IPC Sections 341, 323, 302, 379 and 504/34 for allegedly assaulting the informant's father‑in‑law, causing his death, and stealing Rs.30,000. He sought bail, arguing that the FIR was lodged five days after the incident without explanation and that the charges were based on a general, omnibus allegation with no specific overt act attributed to him. The prosecution opposed bail, citing the seriousness of the offences. The court noted the delay in filing the FIR but found no substantive reason to deny bail, especially as co‑accused had been granted anticipatory bail and the petitioner had clean antecedents. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder, assault, and robbery.
- Whether the five‑day delay in filing the FIR is a sufficient ground to deny bail.
- Whether a general, omnibus allegation without specific overt acts against the petitioner precludes bail.
Legislation cited
- Indian Penal Code — s. 302, 323, 341, 379, 504/34
Subjects
- bail
- criminal procedure
- IPC
- murder
- assault
- robbery
- anticipatory bail
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9803 of 2026
Arising Out of PS. Case No.-441 Year-2018 Thana- ALOULI District- Khagaria
======================================================
Kundan Mukhiya, aged about 35 years, Male, son of Gurudev Mukhiya,
resident of Village- Manikchak Ukhraura, PS- Alauli, Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Alauli
PS Case No.441 of 2018 dated 23.12.2018, instituted for the
offence punishable under Sections 341, 323, 302, 379, 504/34 of
the Indian Penal Code.
3. As per the prosecution case, the petitioner along
with other co-accused assaulted the father-in-law of the
informant resulting his death and also snatched rupees thirty
thousand.
4. Learned counsel for the petitioner submits that
there is general and omnibus allegation against all the accused
including the petitioner. No specific overt act has been alleged
against any of the accused including the petitioner. The
Patna High Court CR. MISC. No.9803 of 2026(2) dt.17-02-2026
2/2
occurrence took place on 18.12.2018, but the FIR has been
lodged on 23.12.2018 i.e., after delay of five days, without any
plausible explanation for the delay. It is again submitted that co-
accused Jitendra Mukhiya and Umesh Mukhiya have been
granted anticipatory bail by a co-ordinate Bench of this Court
vide order dated 05.12.2022 passed in Cr. Misc. No.38378 of
2022 and co-accused, Gurudeo Mukhiya, who is the father-in-
law of the petitioner, has been granted bail by a co-ordinate
Bench of this Court vide order dated 04.03.2023 passed in Cr.
Misc. No.2909 of 2023. Petitioner is in custody since
08.09.2025 having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Judicial Magistrate, 1 st Class,
Khagaria, in Alauli PS Case No.441 of 2018.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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