Anil Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87039 of 2025 Arising Out of PS. Case No.-200 Year-2025 Thana- ALAMNAGAR District- Madhepura ====================================================== Anil Mukhiya S/O Late Kamo Mukhiya R/O Singhar, Ward no. 7, P.S.- Alamnagar, Dist.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Kumar Vikram, Advocate For the State :
Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(2), 109(1), 308(3), 352, 351(2), 351(3), 3(5) and 103(1) of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, on 18.06.2025 at about 7 PM, when the informant along with his son was going home, in the meantime, all the F.I.R. named accused persons, including this petitioner, armed with gun, lathi and danda, surrounded them, assaulted and made indiscriminate firing due to which,
Patna High Court CR. MISC. No.87039 of 2025(2) dt.18-12-2025 2/3 son of informant died.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of causing fire arm injury is against co-accused Chandradeo Mukhiya, Kabil Mukhiya and Anil Mukhiya, S/o Kabil Mukhiya. So far as this petitioner is concerned, there is absolutely no allegation of overt act and he is only alleged to be present at the place of occurrence.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned District and Sessions Judge II, Madhepura in connection with Alamnagar P.S. Case No. 200 of
Patna High Court CR. MISC. No.87039 of 2025(2) dt.18-12-2025 3/3 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T