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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16402 of 2026 Arising Out of PS. Case No.-625 Year-2025 Thana- BANJARIA District- East Champaran ======================================================
1. Vinod Mukhiya Son of Ram Prasad Mukhiya Resident of Village- Ajagari Khichariya Tola, P.S.- Banjariya, District- East Champaran
2. Ram Prasad Mukhiya Son of Late Bipat Mukhiya Resident of Village- Ajagari Khichariya Tola, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate Mr. Harsh Shashwat, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Banjariya P.S. Case No. 625 of 2025 instituted for the offences under Sections 191(2), 190, 126(2), 115(2), 109, 74, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution story, in short, is that on 10.12.2025 at about 08:00 P.M., the petitioners and others allegedly came armed with lathi and fatta, abused the informant and assaulted her, causing injuries on her head and below the eye, and dragged her on the ground, tearing her clothes and disrobing her. It is further alleged that the wife of petitioner no. 2 Ram Prasad
Patna High Court CR. MISC. No.16402 of 2026(2) dt.13-03-2026 2/3 Mukhiya snatched the informant’s mangalsutra. 4. Learned counsel for the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case due to previous land dispute. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. Learned counsel further submitted that from perusal of the FIR, it appears that petitioner no. 1 is alleged to have assaulted the informant with lathi causing injuries below her eye whereas petitioner no. 2 is alleged to have assaulted the informant by means of fatta on her head. Learned counsel further submitted that the injuries sustained by the informant is simple in nature. Learned counsel further submitted that there is case and counter-case between the parties. Learned counsel further submitted that charge-sheet has also been submitted. It has been submitted on behalf of the petitioners that the petitioner no. 1 is in custody since 12.12.2025 whereas petitioner no. 2 is in custody since
29.12.2025. Petitioner no.
1 has two criminal antecedents whereas petitioner no. 2 has one criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.16402 of 2026(2) dt.13-03-2026 3/3 of the case, charge-sheet already being submitted as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banjariya P.S. Case No. 625 of 2025. Alok Verma/- (Rudra Prakash Mishra, J) U T