Dharamraj Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77506 of 2025 Arising Out of PS. Case No.-271 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Dharamraj Mukhiya S/o Late Upendra Mukhiya R/o Village- Jhajhat Sabaila ward no-11, PS- Singheshwar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Prasad Verma, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-11-2025 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No.271 of 2023 registered for the offences punishable under Sections 147, 148, 341, 323, 447, 307, 326, 379, 354, 504 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is of causing assault over the head of the informant by means of iron rod, due to which she sustained serious injury, besides the allegation of snatching the valuables along with other co-accused persons.
4. Learned Advocate for the petitioner contended that the occurrence took place on 24.04.2023, but surprisingly a complaint was filed on 01.05.2023, without there being any plausible explanation for delay. Later on, the said complaint was
Patna High Court CR. MISC. No.77506 of 2025(2) dt.28-11-2025 2/3 sent to the concerned police station under Section 156(3) of the CrPC and thereafter the present FIR came to be instituted. Prior to the institution of this case, the wife of the petitioner had also filed Singheshwar P.S. Case No.122 of 2023 and prima facie, it appears that there was previous enmity between the parties; hence, the false implication of the petitioner cannot be ruled out. So far the injury which is said to have been caused over the head of the informant is concerned, the same is found to be simple in nature. The petitioner bears fair antecedent.
5. On the other hand, learned Advocate for the State opposed the bail application.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and considering the delay in lodging of the FIR, coupled with the simple nature of injury as well as the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No.271 of 2023, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.77506 of 2025(2) dt.28-11-2025 3/3 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T