Ashok Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37462 of 2026 Arising Out of PS. Case No.-212 Year-2025 Thana- GOPALPUR District- West Champaran ====================================================== 1.
Ashok Mukhiya Son of Late Ayodhya Mukhiya R/O Village - Satgadahi, P.S.- Gopalpur, District - West Champaran.
2.
Arjun Mukhiya Son of Dharmasundar Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran 3.
Jhunnu Mukhiya Son of Dharmasundar Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran 4.
Dharmasundar Mukhiya Son of Mukhdev Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran 5.
Dhodha Mukhiya Son of Late Madhu Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran 6.
Achchhelal Mukhiya Son of Sukhdev Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran 7.
Banaras Mukhiya Son of Sakalchani Mukhiya @ Sakalu Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran 8.
Ghuil Mukhiya Son of Sakalchani Mukhiya @ Sakalu Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran 9.
Upendra Mukhiya Son of Banaras Mukhiya R/O Village - Patkhauliya, Ward No. 4, P.S.- Gopalpur, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 352, 303(2) and 3(5) of the
2/4 B.N.S.
3. Learned counsel for the petitioners submits that petitioner no.1, 2, 3, 4 and 6 have antecedent of one case and petitioner no. 5, 7, 8 and 9 are persons with clean antecedent and the informant alleges that the accused persons including the petitioners came on 07.12.2025 at 2 P.M. with an intent to take forceful possession of his homestead land, on objection, Upendra (petitioner no.9) gave order to kill, thereafter Madan assaulted him by farsha causing three injuries on head, further Nagina assaulted by farsha causing injury on index finger and Upendra assaulted by an iron rod causing injury on his finger and palm, while Nakchhed assaulted him on his back and right leg, thereafter Achchelal assaulted his uncle by lathi causing injury on index finger and Ashok with lathi assaulted Vishal causing injury on palm, back and neck, further Banaras, Jhunnu and Tufani assaulted Chandan by lathi causing injury on back and entire body and Arjun took Rs.2000/- from informant's pocket and Nagina threatened not to institute the case.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that in
3/4 backdrop of a land dispute, the occurrence is alleged to have taken place. It is next submitted that from side of the petitioners, Gopalpur P.S. Case No.211 of 2025 was instituted against the informant and his side as such the instant FIR is a counter blast. It is next submitted that no doubt informant alleges that the accused persons assaulted him and his family members but then it is submitted that it does not appear probable that informant with such precision could have alleged who assaulted whom and where.
It is next submitted that even presuming what has been alleged is true without admitting then the injuries suffered by the injured have been opined to be simple in nature as would manifest from Annexure-3 and 4 to the anticipatory bail application, except one injury of the informant on finger which has been opined to be grievous in nature but then it is submitted that it is not on vital part of the body. It is also submitted that if privilege of anticipatory bail is granted, the petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
4/4 event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Gopalpur P.S. Case No.212 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T