Mungalal Mukhiya @ Mungay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81297 of 2025 Arising Out of PS. Case No.-639 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Mungalal Mukhiya @ Mungay Mukhiya Son of Late Maini Mukhiya Resident of Village - Basbitti, Ward No.- 5, P.S. - Supaul, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Upendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State .

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103 ( 2 ) and 3 (5) of BNS.

3 . The case of the prosecution , in short, is that, informant namely , Durganand Yadav alleged that on 02.10.2024 , all the F.I.R. named accused persons including this petitioner surrounded son of informant and assaulted him due to which he sustained injuries and during course of treatment he died. It is further alleged that in the alleged occurrence petitioner is alleged to have caught hold of deceased and other co-accused persons stabbed him.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.81297 of 2025(2) dt.27-11-2025 2/2 that as per F.I.R. specific accusation of stabbing the deceased is against co-accused Mukesh Mukhiya and Pari devi due to which he died. So far as this petitioner is concerned, he is only alleged to have caught hold of the deceased and there is no allegation of assault against him. Petitioner claims clean antecedent and is in custody since 03.10.2024 .

5 . Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Considering the aforesaid facts, materials available on record, period of custody , clean antecedent of this petitioner and other circumstances of the case , the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - IV Supaul in connection with Supaul P. S. Case No. 57 of 2025 . (Prabhat Kumar Singh, J) Koushik/- U T