Binod Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80608 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== 1.

Binod Mukhiya S/o Lalan Mukhiya R/o Village- Bhelahi, P.S- Mahishi, Dist- Saharsa 2.

Lalan Mukhiya S/o Tuntun Mukhiya R/o Village- Bhelahi, P.S- Mahishi, Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subesh Sharma For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 281, 115(2), 118(1), 109, 324(4), 324(5) and 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that son of Lalan, namely Sanoj, dashed her cart by tractor and injured son of Rohit, accordingly she went to the house of Lalan along with her husband and brother-in-law to complain, when Lalan assaulted her husband by farsa causing

Patna High Court CR. MISC. No.80608 of 2025(2) dt.11-12-2025 2/3 injury on head, thereafter son of Lalan and his wife repeatedly assaulted her husband by rod causing injury on head and also assaulted her and her brother-in-law who tried to save her husband.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute relating to an accident, the occurrence is alleged to have taken place. It is further submitted that son of Rohit came in front of the tractor and thus got dashed lightly on account of which the side of the informant started assaulting and in the occurrence both side assaulted each other. It is also submitted that specific pleading has been made at para-12 of the anticipatory bail application that the injury suffered by the injured has been opined to be simple. It is thus submitted that had the occurrence as alleged taken place, in that event, the husband of the informant would have suffered multiple injuries, which is not the case.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.80608 of 2025(2) dt.11-12-2025 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahishi P.S. Case No. 111 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T