IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37504 of 2026 Arising Out of PS. Case No.-212 Year-2025 Thana- GOPALPUR District- West Champaran ====================================================== Madan Mukhiya Son of Late Ayodhya Mukhiya Resident of Village- Satgadahi, Tola Patkhouli P.S.- Gopalpur, District- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 18-06-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 352, 303(2) and 3(5) of the B.N.S. 3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that the accused persons including the petitioner came on 07.12.2025 at 2 P.M. with an intent to take forceful possession of his homestead land, on objection, Upendra gave order to kill, thereafter Madan (petitioner) assaulted him by farsha causing three injuries on head, further Nagina assaulted by farsha causing injury on index finger and Upendra assaulted by an iron Patna High Court CR. MISC. No.37504 of 2026(2) dt.18-06-2026 2/4 rod causing injury on his finger and palm, while Nakchhed assaulted him on his back and right leg, thereafter Achchelal assaulted his uncle by lathi causing injury on index finger and Ashok with lathi assaulted Vishal causing injury on palm, back and neck, further Banaras, Jhunnu and Tufani assaulted Chandan by lathi causing injury on back and entire body and Arjun took Rs.2000/- from informant’s pocket and Nagina threatened not to institute the case. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the petitioner is alleged to have assaulted the informant by farsha causing three cut injuries on head but then from perusal of the injury report annexed as Annexure-3, it would manifest that the assaulted as alleged does not get corroborated by the injury report. It is also submitted that the injuries suffered by the informant have been opined to be simple in nature except one injury on finger which is on non-vital part of the body. It is further submitted that Ashok Mukhiya along with 8 others had approached this court seeking anticipatory bail by filing Cr. Misc. No.37462 of 2026 and the same came to be allowed by an Patna High Court CR. MISC. No.37504 of 2026(2) dt.18-06-2026 3/4 order dated 18.06.2026, after considering the case in detail and merits. It is thus submitted that the case of the petitioner if not akin is on a similar footing since allegation of assault does not get corroborated by the injury report. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. It is next submitted that no doubt petitioner has antecedent of two cases but then the cases were instituted under minor sections of the IPC. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Gopalpur P.S. Case No.212 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the Patna High Court CR. MISC. No.37504 of 2026(2) dt.18-06-2026 4/4 learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. amit/- (Satyavrat Verma, J) U T