Rajkumar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62336 of 2025 Arising Out of PS. Case No.-110 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Rajkumar Mukhiya S/o Late Thakur Mukhiya Resident of -Hajinagar, Baikanpur, P.O - Beldaur, P.S.- Beldaur, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2025 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. Earlier, vide order dated 28.02.2025 passed in Cr. Misc. No. 13569 of 2025, the prayer of the petitioner for grant of anticipatory bail was rejected by this Court.
4. As per the F.I.R., on the basis of secret information, police raided the house of co-accused Gautam Mukhiya and
Patna High Court CR. MISC. No.62336 of 2025(2) dt.30-08-2025 2/3 recovered one country-made pistol and ten live cartridges.
5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of disclosure made by the apprehended co-accused. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery of has been made from the co-accused Gautam Mukhiya. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.07.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. 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. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.62336 of 2025(2) dt.30-08-2025 3/3 below/concerned Court in connection with Beldaur P.S. Case No. 110 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T