Patna High CourtCR. MISC./10759/2025bail granted

Umesh Mukhiya v. The State Of Bihar

2025-05-12Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10759 of 2025 Arising Out of PS. Case No.-334 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Umesh Mukhiya, aged about 45 years, Son of Late Vasudev Mukhiya, Resident of Village- Jharkaha, Ward No. 16, P.S.- Shankarpur, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate Mr. Sudaushan Bharadwaj, Advocate Mr. Sandeep Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Raghopur P.S. Case No. 334 of 2024 instituted for the offences punishable under Sections 310(4), 310(5) of the BNSS and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, two live cartridges of 315 bore and one mobile has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the

Patna High Court CR. MISC. No.10759 of 2025(3) dt.12-05-2025 2/3 petitioner is named in the FIR. He further submits that charge has already been framed against the petitioner. Petitioner is in custody since 18.09.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the case diary, FIR and impugned order of the learned District and Additional Sessions Judge,- VIII, Supaul dated 16.12.2024, it appears that petitioner is named in the FIR. From perusal of the records, it appear that on the basis of written report of the informant, Inspector-cum-SHO, Raghunathpur namely, Navin Kumar registered a case under Sections 310(4), 310(5) of the BNSS and Sections 25(1-B)a, 26 and 35 of the Arms Act against five accused persons including the petitioner. Petitioner has got one criminal antecedent as stated in para 3 of the petition is in custody since 18.09.2024. Similarly situated co-accused person namely Subhash Singh has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 19570 of 2025 vide order dated 09.04.2025, so considering all these aspects of the case, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.10759 of 2025(3) dt.12-05-2025 3/3 sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Supaul in connection with Raghopur P.S. Case No. 334 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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