Ganesh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71583 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- NADI District- Supaul ====================================================== Ganesh Mukhiya S/o Awadh Mukhiya R/o Village - Morkiahi, Ward No. 10, P.S - Supaul Nadi (Reverine), District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP For the Informant :
Mr. N. K. Agrawal, Sr. Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 109, 115 (2), 126(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. The allegation in the First Information Report is that the accused persons, being six in number, indulged in assaulting the informant and others and Mahesh Mukhiya assaulted the father of the informant by means of iron rod while Jito Mukhiya assaulted the mother of the informant by means of lathi, subsequently causing her death.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.71583 of 2025(3) dt.17-11-2025 2/3 that the First Information Report itself disclose that on a very trivial issue a dispute took place between Mahesh Kumar and brother of the informant which escalated into present incident. It is submitted that there are general and omnibus allegation of assault against the petitioner, specific allegation of assaulting the deceased being on Jito Mukhiya and the allegation of assault upon the father of the informant who has also received grievous injury, is upon Mahesh Mukhiya who are also in custody. Petitioner is in custody since 08.06.2025 and charge-sheet has been submitted.
5. Learned APP for the State and learned senior counsel for the informant vehemently opposes the grant of bail on the basis of allegation made in the First Information Report and also the material collected during course of investigation which show that while one person has died in the incident, other has received grievous injury.
6. Taking into consideration the facts and circumstances of the case and also considering that there are general and omnibus allegations against the petitioner and there is no specific overt act alleged against him with regard to deceased or the person who received grievous injury, coupled with the fact that charge-sheet has been submitted, the above named
Patna High Court CR. MISC. No.71583 of 2025(3) dt.17-11-2025 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Supaul Nadi (Reverine) P.S. Case No. 48 of 2025, G.R. No. 968/2025.
(Soni Shrivastava, J) Ranjeet/- U T