Pramod Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9654 of 2025 Arising Out of PS. Case No.-110 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Pramod Mukhiya Son of Nageshwar Mukhiya Resident of Khokhsi Shyam, P.S.- Gwalpara, District- Madhepura (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Sinha, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Beldaur P.S. Case No. 110 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 29, 35 of the Arms Act.

3. As per prosecution case, on the basis of secret information, police raided the house of co-accused Gautam Mukhiya and recovered one country-made pistol and ten live cartridges. It is further alleged that apprehended co-accused Gautam Mukhiya disclosed that this petitioner had supplied the arms and ammunitions to him.

Patna High Court CR. MISC. No.9654 of 2025(2) dt.14-02-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from co-accused Gautam Mukhiya who has already been granted bail by this Court vide order dated 28.10.2024 passed in Cr. Misc. No. 53008 of 2024. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Learned counsel further submitted that except confessional statement of the co-accused Gautam Mukhiya, there is no cogent material against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.08.2024 and has two criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.9654 of 2025(2) dt.14-02-2025 3/3 below/concerned Court in connection with Beldaur P.S. Case No. 110 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T