CR. MISC./57594/2026 of Ganesh Mukhiya Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard the parties.

2. The petitioners are apprehending arrest in connection with Pandaul P.S. Case No. 117 of 2026 instituted under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 303(2), 352, 351(2), 118(1), 329(3) of the BNS lodged on 16.04.2026 by the informant, Amerika Devi.

3. As per the prosecution story, the informant alleged that the named accused came to her shop and after informing that she will not get share in the land, the utensils that were being used to bake ‘Samosa’, Jitan Mukhiya assaulted her on her face and her back causing serious injuries. When the mother-in-law came to rescue, Ganesh Mukhiya took the utensils from Jitan Mukhiya and assaulted her. When her husband came to the rescue, Bokai Mukhiya caught him and others assaulted him. Shiv Shankar Mukhiya gave rod blow on her husband’s head causing injury. Allegation against others is/are of taking away the ornaments. Dial 112 was informed and the injured shifted to hospital. This followed the FIR.

4. Learned counsel for the petitioners submit that there is case and counter case. Both sides have suffered and exaggerated FIR lodged. He, however, concedes that the petitioner has one criminal antecedent.

5. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that so far as Jitan Mukhiya and Ganesh Mukhiya are concerned, specific allegation is/are there that the hot utensils that were being used by the lady to bake ‘Samosa’ was made the weapon to assault both the informant and the mother-in-law.

6. Having heard the parties, while, Jitan Mukhiya is not before this Court, Ganesh Mukhiya is petitioner no.1. His anticipatory bail application stands rejected in view of the allegation that has come against him.

7. So far as petitioner no.2, 3 and 4 are concerned, two of them are ladies while one is 19 years student, no direct allegation is/are against them, in that background, this Court is inclined to extend them the privilege of anticipatory bail.

8. Let the petitioner no. 2, Sanju Devi, the petitioner no.03, Bikram Kumar and the petitioner no.04, Sita Devi be released on bail, in the event of their arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Pandaul P.S. Case No. 117 of 2026 to the satisfaction of learned C.J.M., Madhubani subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner no. 2, Sanju Devi, the petitioner no.03, Bikram Kumar and the petitioner no.04, Sita Devi who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;

(ii) The petitioners shall be appearing before the police station as and when required for cooperating in the investigation;

(iii) the the petitioner no. 2, Sanju Devi, the petitioner no.03, Bikram Kumar and the petitioner no.04, Sita Devi shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iv) the petitioner no. 2, Sanju Devi, the petitioner no.03, Bikram Kumar and the petitioner no.04, Sita Devi shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner no. 2, Sanju Devi, the petitioner no.03, Bikram Kumar and the petitioner no.04, Sita Devi shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

Ravi/- (Rajiv Roy, J) U T