Nitish Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87895 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Nitish Mukhiya S/o Reshamlal Mukhiya R/o Village - Parihari, Ward No. 1, P.S - Raniganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Raniganj P.S. Case No. 147 of 2024, instituted for the offences punishable under Sections 304(B), 302, 120(B) of the Indian Penal Code.

3. The prosecution case, in short, is that niece of the informant has been done to death by her husband and in-laws for not solemnising marriage of the petitioner with younger sister of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.87895 of 2025(3) dt.23-02-2026 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submitted that the allegation levelled against the petitioner is general and omnibus in nature. It is next submitted that the petitioner was not present on the spot at the time of the alleged occurrence. It is further submitted that the petitioner is husband of the deceased. The petitioner is in custody since 06.09.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and has submitted that there is specific allegation levelled against the petitioner of committing murder of the deceased for not solemnising marriage of her younger sister with him. Further the petitioner is husband of the deceased and, therefore, onus lies upon him to explain the cause of death. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a period of six months from the date of receipt/production, the

Patna High Court CR. MISC. No.87895 of 2025(3) dt.23-02-2026 3/3 petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T