Allowed¶21

Kundan Mukhiya v. The State of Bihar

Patna HC17 Feb 2026CR. MISC./9803/2026

Case brief

AI extract

What is this about?

Bail granted; Patna High Court; Criminal Miscellaneous No.9803 of 2026; Kundan Mukhiya v. The State of Bihar; Justice Khatim Reza; decided 17-02-2026; Alauli PS Case No.441 of 2018 (Khagaria); Sections 341, 323, 302, 379, 504/34 IPC; murder and snatching of Rs.30,000; general and omnibus allegations; no specific overt act; five-day delay in FIR; parity with co-accused Jitendra Mukhiya, Umesh Mukhiya, Gurudeo Mukhiya; custody since 08.09.2025; clean antecedents; bail bond Rs.10,000 with two sureties; Judicial Magistrate 1st Class, Khagaria; application allowed.

What did the court decide?

Petitioner released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria, in Alauli PS Case No.441 of 2018. ¶21

Kundan Mukhiya Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 08.09.2025, is entitled to be released on bail in connection with Alauli PS Case No.441 of 2018 instituted under Sections 341, 323, 302, 379, 504/34 of the Indian Penal Code.

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Court's answer

Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, the petitioner is to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria, in Alauli PS Case No.441 of 2018.

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Ratio / Principle

The bail application stands allowed.

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Detailed headnote1 paragraphs

Bail granted — Kundan Mukhiya v. The State of Bihar, Criminal Miscellaneous No.9803 of 2026, Patna High Court (Khatim Reza, J.), decided 17-02-2026. Regular bail sought in Alauli PS Case No.441 of 2018 dated 23.12.2018 under Sections 341, 323, 302, 379, 504/34 IPC, arising from allegations that the petitioner with other co-accused assaulted the informant's father-in-law resulting in his death and snatched rupees thirty thousand. Counsel for the petitioner pointed to general and omnibus allegations against all accused with no specific overt act, a five-day delay in lodging the FIR without plausible explanation, and parity with co-accused Jitendra Mukhiya and Umesh Mukhiya (anticipatory bail, order dated 05.12.2022 in Cr. Misc. No.38378 of 2022) and Gurudeo Mukhiya (bail, order dated 04.03.2023 in Cr. Misc. No.2909 of 2023); the petitioner was in custody since 08.09.2025 with clean antecedents. The learned APP opposed the prayer. Held: having considered the facts, circumstances and submissions, the petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Khagaria; the application stands allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9803 of 2026

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Arising Out of PS. Case No.-441 Year-2018 Thana- ALOULI District- Khagaria

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

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Kundan Mukhiya, aged about 35 years, Male, son of Gurudev Mukhiya, resident of Village- Manikchak Ukhraura, PS- Alauli, Dist- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Aditya Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 17-02-2026

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks bail in connection with Alauli PS Case No.441 of 2018 dated 23.12.2018, instituted for the offence punishable under Sections 341, 323, 302, 379, 504/34 of the Indian Penal Code.

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As per the prosecution case, the petitioner along with other co-accused assaulted the father-in-law of the informant resulting his death and also snatched rupees thirty thousand.

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Learned counsel for the petitioner submits that there is general and omnibus allegation against all the accused including the petitioner. No specific overt act has been alleged against any of the accused including the petitioner. The

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Patna High Court CR. MISC. No.9803 of 2026(2) dt.17-02-2026 2/2

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occurrence took place on 18.12.2018, but the FIR has been lodged on 23.12.2018 i.e., after delay of five days, without any plausible explanation for the delay. It is again submitted that coaccused Jitendra Mukhiya and Umesh Mukhiya have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.12.2022 passed in Cr. Misc. No.38378 of 2022 and co-accused, Gurudeo Mukhiya, who is the father-inlaw of the petitioner, has been granted bail by a co-ordinate Bench of this Court vide order dated 04.03.2023 passed in Cr. Misc. No.2909 of 2023. Petitioner is in custody since 08.09.2025 having clean antecedents.

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Learned APP has opposed the prayer for bail.

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Having considered the facts and circumstances of

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the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1^st Class, Khagaria, in Alauli PS Case No.441 of 2018.

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The application stands allowed.

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(Khatim Reza, J)

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J. Alam/-

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U T

Kundan Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kundan Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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