Harendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58621 of 2025 Arising Out of PS. Case No.-301 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Harendra Mukhiya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Yogapatti P.S. Case No. 301 of 2024 instituted for the offences under Sections 191(2), 191(3), 126(2), 115(2), 109, 74, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, on the alleged date and time, the accused persons including the petitioner caught the informant's daughter with bad intention and when she started shouting, the informant and his son came to rescue and, thereafter, the accused persons also assaulted them.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No

Patna High Court CR. MISC. No.58621 of 2025(2) dt.21-08-2025 2/2 specific overt act is alleged against the petitioner. Learned counsel further submitted that the only specific allegation against the petitioner is that he gave farsa blow on the head of Jitendra Mukhiya, however, as per injury report, he sustained simple injuries caused by hard and blunt object, and therefore, the allegation as levelled in the FIR is not corroborated by the injury report. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.03.2025 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Yogapatti P.S. Case No. 301 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T