Rakesh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75522 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== 1.
Rakesh Mukhiya S/o Laxman Mukhiya R/o Village - Chailaha Bin Tola, P.S - Banjaria, District - East Champaran 2.
Chhabila Mukhiya S/o Laxman Mukhiya R/o Village - Chailaha Bin Tola, P.S - Banjaria, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Banjaria Police Station Case No. 172 of 2025, dated 16.03.2025, disclosing offences under Sections 191(2)/190/126(2)/115(2)/74/109/303(2)/352/351(2) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 13.03.2025, at about 12:00 hours, when the informant was sitting at her door, the petitioners, along with other accused persons, arrived at the house of the informant and assaulted her. It has further been alleged
Patna High Court CR. MISC. No.75522 of 2025(2) dt.03-12-2025 2/3 that the petitioner no. 1 assaulted the son of the informant by means of iron-rod on his entire body and petitioner no. 2 also assaulted the informant's son by means of farsa on his head.
4. Learned counsel for the petitioners submits that both the parties are neigbour and a counter-case, bearing Banjariya Police Station Case No. 171 of 2025, has been lodged by the side of the petitioners against the informant and others. He next submits that injuries sustained by the informant's son are simple in nature as would be evident from the injury report annexed at Annexure-2.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers having case and counter-case between them and injuries sustained by the informant's son are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the
Patna High Court CR. MISC. No.75522 of 2025(2) dt.03-12-2025 3/3 like amount each to the satisfaction of learned Judicial Magistrate First Class, East Champaran, Motihari, in connection with Banjaria Police Station Case No. 172 of 2025, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J) ashwani/- U T