Jokhu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41009 of 2026 Arising Out of PS. Case No.-385 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== 1.

Jokhu Mukhiya, S/o Late Mohan Mukhiya 2.

Bishwakarma Mukhiya @ Bishwakarma Kumar @ Bishwakama Kumar, S/o Jokhu Mukhiya Both are resident of Village-Laxmipur Ward No.- 4, Police Station-Nautan, District-West Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Nautan P.S. Case No.385 of 2025 registered under Sections 126(2), 115(2), 109, 303(2), 351(2), 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'BNS').

3. As per FIR, the petitioners along with coaccused persons were assaulted the informant and others causing head and bodily injuries, having intention to cause death of informant/injured, where occurrence arising out of

Patna High Court CR. MISC. No.41009 of 2026(2) dt.01-07-2026 2/3 neighbourhood dispute and differences.

4. It is submitted by learned counsel appearing for the petitioners that the specific allegation as to cause head injury is available against one of the co-accused namely, Ram Jee Mukhiya. It is submitted that the nature of allegation against the petitioners is appearing very much general and omnibus and moreover same also not appears that they have indulged in assault process to informant/other injured persons. It is submitted that the nature of injuries even as alleged to be caused by co-accused Ramjee Mukhiya, who is not the petitioner for the present, upon medical examination, found simple in nature. Both petitioners claimed clean antecedent.

5. Learned APP opposed the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as prima facie allegation of physical assault is not available against these petitioners rather same is specifically available against co-accused Ramjeet Mukhiya, who is not the petitioner for the present, accordingly, both above-named petitioners, in the event of their arrest or

Patna High Court CR. MISC. No.41009 of 2026(2) dt.01-07-2026 3/3 surrender in the court below within a period of four weeks, are directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bettiah, West Champaran in connection with Nautan P.S. Case No.385 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

Sanjeet/- (Chandra Shekhar Jha, J.) U T