Mukesh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67286 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== 1.
Mukesh Mukhiya, Son of Debu Mukhiya, R/o Village- Manauwar, PS -Mahishi (Jalai OP) District -Saharsa 2.
Sanjeet Mukhiya @ Sanjeet Kumar, Son of Debu Mukhiya, R/o VillageManauwar, PS -Mahishi (Jalai OP) District -Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard Mr. Satish Kumar Singh, learned counsel for the petitioners and Mr. Gauri Shankar Gupta, learned APP for the State.
2. The petitioners have prayed for bail in connection with Mahishi (Jalai O.P.) P.S. Case No. 182 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 308(2) and 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that all he accused persons surrounded Shyam Kumar Mukhiya and one Debu Mukhiya ordered to kill and on his order petitioner no. 1 assaulted with khanti on the head of the cousin brother of the informant. The allegation against petitioner no. 2 is that he has assaulted with iron rod to Ram Kumar Mukhiya which hit his leg.
Patna High Court CR. MISC. No.67286 of 2025(2) dt.17-09-2025 2/2
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. It has further been submitted that petitioners and the informant both are agnates. There is case and counter case between both parties. The petitioners' party has also received injury. It has also been submitted that from perusal of the order of the trial Court it will transpire that the nature of injury is simple. Petitioners are having no criminal antecedent and they are in judicial custody since 26.07.2025.
5. The application for bail is vehemently opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Saharsa in connection with Mahishi (Jalai O.P.) P.S. Case No. 182 of 2025. (Ashok Kumar Pandey, J) lata/- U T