Patna High CourtCR. MISC./26409/2026bail granted

Vijay Mukhiya v. The State Of Bihar

2026-05-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26409 of 2026 Arising Out of PS. Case No.-316 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Vijay Mukhiya S/O Duni Lal Mukhiya R/O Vill.- Bahadurpur, P.S- Allauli (Bahadurpur), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Kumar, Advocate For the Opposite Party/s :

Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Alauli P. S. Case No. 316 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 325, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named 13 accused persons including the petitioner and 12 to 17 unknown accused persons assaulted the prosecution party with lathi, danda, rod and butt of rifle. In the meantime, on the instigation of this petitioner, co-accused Sunil Kumar fired upon Raj Kumar Mukhia with pistol as a result of which he sustained injury in his stomach. Accused persons entered the house of the

Patna High Court CR. MISC. No.26409 of 2026(2) dt.08-05-2026 2/2 informant and looted ornaments worth Rs. 30,000/- to 40,000/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is only alleged to be the order giver. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against the petitioner. Petitioner is in custody since 10.12.2025.

5. However, learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and period of custody, this bail application is allowed. The petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Alauli P. S. Case No. 316 of 2021.

(Prabhat Kumar Singh, J) Navya/- U T