Sudhir Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35347 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- MADHEPUR District- Madhubani ====================================================== Sudhir Mukhiya S/o- Amir Mukhiya @ Amir Lal Mukhiya Village- Banki PsMadhepur Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Madhepur P.S. Case No. 30 of 2025, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3.

The prosecution case, in short, is that, there is recovery of one revolver from the house of the co-accused, namely, Guddu Kumar Yadav, on the disclosure made by the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.35347 of 2025(3) dt.14-07-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the recovery of arms. The alleged recovery has been made from the house of the co-accused, and petitioner has no concern with the same. The petitioner is in custody since 24.02.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 16-06-2025, passed in Cr. Misc. No. 36078 of 2025. 5.

Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhepur P.S. Case No. 30 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T