Shambhu Mukhiya Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Shambhu Mukhiya Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner to be released on anticipatory bail upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Bihra P.S. Case No. 80 of 2024 instituted for the offences under Sections 341, 323, 324, 325, 307, 379, 384, 504, 506 & 34 of the Indian Penal Code.

Court's answer

The petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is to be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/successor court.

Ratio / Principle

The anticipatory bail release is made subject to the conditions laid down under Section 482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Rudra Prakash Mishra, J), order dt. 15-01-2026 in Criminal Miscellaneous No.88221 of 2025, arising out of Bihra P.S. Case No. 80 of 2024 (Thana Bihra, District Saharsa), instituted for offences under Sections 341, 323, 324, 325, 307, 379, 384, 504, 506 & 34 of the Indian Penal Code. Prosecution alleges that the petitioner and other co-accused, armed with lathi-danda and other lethal weapons, tried to unload bricks with intent to grab the informant's land; on protest a scuffle took place and a co-accused allegedly gave a knife blow to Kishore Mukhiya which hit him beside the left ear. Defence urged general and omnibus allegation, absence of specific allegation against the petitioner (allegation being against co-accused Birbal Mukhiya), simple nature of injury, clean antecedents, and prior grant of bail to a co-accused (order dt. 18-09-2024 in Cr. Misc. No. 49644 of 2024); learned A.P.P. opposed. Considering the rival submissions, the Court directed that the petitioner, on arrest or surrender within six weeks, be released on anticipatory bail on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88221 of 2025

Arising Out of PS. Case No.-80 Year-2024 Thana- BIHRA District- Saharsa

======================================================

Shambhu Mukhiya Son of Valeshwar Mukhiya @ Balel Mukhiya @ Baleshwar Mukhiya Resident of Village - Kedli, P.S.- Nauhatta, District - Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihra P.S. Case No. 80 of 2024 instituted for the offences under Sections 341, 323, 324, 325, 307, 379, 384, 504, 506 & 34 of the Indian Penal Code.

Prosecution case, in short, is that, on the alleged date and time of occurrence, the petitioner and other co-accused persons armed with lathi-danda and other lethal weapons were trying to unload the bricks with an intention to grab the land of the informant. On protest, scuffle took place between the parties. It is further alleged that this co-accused gave knife blow to the Kishore Mukhiya which hit him beside left ear.

Patna High Court CR. MISC. No.88221 of 2025(2) dt.15-01-2026 2/3

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. From perusal of the FIR, it would reveal that there is no specific allegation against the petitioner, rather the same is against coaccused, Birbal Mukhiya. It is next submitted that even if the allegation is taken on its face value, injury of the injured is found to be simple in nature. Petitioner is a man of clean antecedent. Other co-accused has been granted bail by this Court vide order dated 18-09-2024, passed in Cr. Misc. No. 49644 of 2024.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/(Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.88221 of 2025(2) dt.15-01-2026 3/3

case is pending/successor court in connection with Bihra P.S. Case No. 80 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T