Dharmraj Mukhiya @ Sadhu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67748 of 2025 Arising Out of PS. Case No.-498 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Dharmraj Mukhiya @ Sadhu Mukhiya S/o- Shivnath Mukhiya R/o- Shekh Majhariya W.No-5, Ps- Majhaulia Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Mohan, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Majhaulia P.S. Case No. 498 of 2024 instituted for the offences under Sections 103(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that the petitioner along with co-accused murdered her by chopping her neck with a sharp weapon.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.67748 of 2025(2) dt.18-09-2025 2/3 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. Learned counsel further submitted that petitioner is brother-inlaw of the deceased and was working in his field at the time of occurrence and when he returned, he discovered the deceased dead inside her room. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.08.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the there is specific allegation against the petitioner of chopping the neck of the deceased which is supported by the post-mortem report and therefore, the petitioner does not deserve to be released on bail.
6. Considering the aforesaid facts and circumstances of the case as also there being specific allegation against the petitioner of assaulting the deceased, this Court is not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
Patna High Court CR. MISC. No.67748 of 2025(2) dt.18-09-2025 3/3
9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of nine months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T