Bhola Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19836 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- DHAKA District- East Champaran ====================================================== 1.
Bhola Mukhiya Son of Lakhan Mukhiya @ Late Ram Lakhan Mukhiya Resident of Village- Bakhari, Khajuri, P.S.- Dhaka, District- East Champaran 2.
Ranjan Kumar @ Ranjan Mukhiya @ Niranjan Mukhiya Son of Jitu Mukhiya Resident of Village- Bakhari, Khajuri, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Dhaka P.S. Case No. 406 of 2024 instituted for the offences under Sections 191(2), 190, 115(2), 118(1), 109, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution story, in short, is that when the informant was on his way, all the FIR named accused persons including the petitioners and 4-5 other unknown persons armed with lathi-danda, iron rod, knife attacked the informant and his associate. It is further alleged that co-accused persons Tapsi
Patna High Court CR. MISC. No.19836 of 2025(2) dt.15-04-2025 2/3 Mukhiya, Jitu Mukhiya and Sitaram Mukhiya gave blows of knife on the informant due to which he sustained injuries.
4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. The specific allegation of giving knife blows is attributed to other co-accused persons namely, Tapsi Mukhiya, Jitu Mukhiya and Sitaram Mukhiya. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.11.2024. Petitioner no. 1 has two criminal antecedent and petitioner no. 2 has no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation against the petitioners as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties
Patna High Court CR. MISC. No.19836 of 2025(2) dt.15-04-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka P.S. Case No. 406 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T