Hariom Kumar Mukhiya @ Hariom Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24790 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- LAUKAHI District- Madhubani ====================================================== Hariom Kumar Mukhiya @ Hariom Kr. S/o Raj Kumar Mukhiya R/o VillageKariout, Ward No. 12, P.S.- Laukahi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Laukahi P.S. Case No. 225 of 2024 registered on 21.12.2024 for the offences under Sections 310(4) and 310(5) of the B.N.S., Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the N.D.P.S. Act.

3. As per prosecution case, receiving a tip off about assembly of some miscreants making preparation for committing some crime, a raid was conducted and petitioner and other co-accused persons were apprehended from the identified place. Recovery of firearms and ammunitions were made from the co-accused persons whereas recovery of one live cartridge was made from this petitioner along with two spent cartridges.

Patna High Court CR. MISC. No.24790 of 2025(2) dt.30-04-2025 2/3 Further recovery of 120 bottles 100 ml each codeine containing cough syrup was also made from the place from where the petitioner and other co-accused persons were apprehended and a number of motorcycles were also seized.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The only recovery shown from the petitioner is of live cartridges and the said recovery is planted and the petitioner has no concern from the place from where recovery of cough syrup has been made. Petitioner has also no concern with the recovered motorcycle. Petitioner is in custody since 21.12.2024 and charge-sheet has been submitted. Petitioner has got no criminal antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and also considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.24790 of 2025(2) dt.30-04-2025 3/3 (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani/concerned court in connection with Laukahi P.S. Case No. 225 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T