Ajay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43989 of 2026 Arising Out of PS. Case No.-126 Year-2025 Thana- MADHEPUR District- Madhubani ====================================================== 1.

Ajay Mukhiya Son of Amrit Mukhiya Resident of Village - Bhakhrain, P.S.- Madhepur, District - Madhubani (wrongly stated resident of petitioner as Village - Banki in the First Para of the impugned order) 2.

Rahul @ Rahul Sharma @ Rahul Kumar @ Rahul Thakur Son of Charitar Thakur @ Ramcharitra Thakur Resident of Village - Bhakhrain, P.S.- Madhepur, District - Madhubani (wrongly stated resident of petitioner as Village - Banki in the First Para of the impugned order) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-07-2026 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Madhepur P.S. Case No. 126 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 352, 303(2) & 3(5) of the BNS.

3. Allegedly on the given date and time of occurrence, while the informant was going on his motorcycle, in the meanwhile, all the accused persons including the petitioner overtook him and brutally assaulted and snatched the valuables. 4.Learned Advocate for the petitioners submitted that

Patna High Court CR. MISC. No.43989 of 2026(2) dt.08-07-2026 2/3 there is omnibus nature of allegation against all the FIR named accused persons including the petitioners coupled with the fact that on account of such incident, the informant has not sustained any injury. In fact, on the date of occurrence, the motorcycle of the informant dashed with another motorcycle due to which some scuffle has taken place and taking shelter of that scuffle the present FIR has been instituted. The petitioners are carrying one criminal antecedent, however, they undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners have actively participated in the crime.

6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fact that in the said incident, the informant has not sustained any serious injury, as there is no such discussion in the impugned order, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.43989 of 2026(2) dt.08-07-2026 3/3 learned Judicial Magistrate 1st class, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 126 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) sumit/- U T