Patna High Court

CR. MISC./59272/2026 of Ashish Kumar @ Ashish Kumar Mukhiya Vs The State Of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59272 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- Nawalpur District- West Champaran ====================================================== Ashish Kumar @ Ashish Kumar Mukhiya S/O Late Sugriv Mukhiya R/O Village- Semri Man ward no

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59272 of 2026

Arising Out of PS. Case No.-24 Year-2026 Thana- Nawalpur District- West Champaran ======================================================

Ashish Kumar @ Ashish Kumar Mukhiya S/O Late Sugriv Mukhiya R/O

Village- Semri Man ward no 13, Police station- Nawalpur, District- West Champaran

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party

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

Appearance :

For the Petitioner/s

:

Mr.Brij Kishor Mishra, Advocate

For the Opposite Party/s :

Mr.Jagdhar Prasad, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks bail in connection with Nawalpur P.S. Case No. 24 of 2026, instituted for the offences under Sections 126(2), 115(2), 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The Prosecution case, in short, is that the petitioner along with the other family members tortured and killed the deceased due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner is the brother-in-law (Dewar) of the deceased. Learned counsel further submits that general and omnibus allegation has been made against the petitioner.

Patna High Court CR. MISC. No.59272 of 2026(2) dt.19-08-2026

Learned counsel further submits that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. He further submits that the Husband of the deceased is already in custody. Learned counsel for the petitioner further submits that other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 28.07.2026 passed in Cr. Misc. No. 40057 of 2026. The counsel lastly submits that petitioner is in custody since 17.05.2026 and he has no criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard the parties, considering the aforesaid facts and circumstances of the case, taking into consideration that the husband of the deceased is in custody and the fact that Chargesheet has been filed, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawalpur P.S. Case No. 24 of 2026, subject to the following conditions: (I) One of the bailors shall be the petitioner’s own or Patna High Court CR. MISC. No.59272 of 2026(2) dt.19-08-2026

close member. (II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial. In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

manish/- (Alok Kumar, J) U T

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