Bhagwan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38245 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- BATHWARIA District- West Champaran ====================================================== Bhagwan Mukhiya Son of - Narayan Mukhiya Resident of Village - Jamunia, Ward No 17, PS Bathwariya, District west Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Kumar Gupta, Advocate For the State :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends arrest in connection with Bathwariya P.S. Case No.23 of 2026 registered for the offence under sections 126(2), 115(2), 118(1), 117(2), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023. 3.

The petitioner is alleged to have assaulted the victim causing simple injuries.

4.

The petitioner claims clean antecedent.

5.

It has been submitted by learned counsel for the petitioner that there is case and counter case between the parties and the injuries sustained by the injured is simple in nature.

Patna High Court CR. MISC. No.38245 of 2026(2) dt.17-06-2026 2/3 6.

Learned APP for the State has vehemently opposed the prayer of the petitioner for grant of bail. 7.

Considering the fact that the injuries sustained by the injured is simple in nature and there is case and counter case between the parties, this application is allowed. 8.

Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- II, Bagaha, West Champaran / concerned Court below, in connection with Bathwariya P.S. Case No.23 of 2026, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS. 9.

At the time of accepting the bail bonds of the petitioner, the Court below will verify the statement of the petitioner that he has clean antecedent. The bail bonds of the petitioner shall only be accepted if it is found that he has clean antecedent.

10.

It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at

Patna High Court CR. MISC. No.38245 of 2026(2) dt.17-06-2026 3/3 any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) pawan/- U T