Kundan Mukhiya v. The State Of Bihar

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 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 coaccused 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-inlaw 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, 1st Class, Khagaria, in Alauli PS Case No.441 of 2018.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T