Patna High CourtCR. MISC./80578/2025bail granted

Pramod Mukhiya v. The State Of Bihar

2025-12-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80578 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- GWALPARA District- Madhepura ====================================================== Pramod Mukhiya S/o Late Nageshwar Mukhiya R/o Village- Shyam Ward No.11, P.S- Gwalpara, Dist- Madhepura, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gwalpara P.S. Case No. 106 of 2025, instituted for the offences punishable under Sections 25(1-B)(a), 25(1-AA), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of materials used for manufacturing of arms from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.80578 of 2025(2) dt.11-12-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the alleged recovery has been made from the back side of the house of the petitioner which is a vacant place. It is further submitted that the petitioner has got no concern with the alleged recovery of the manufacturing materials of arms. The petitioner is in custody since 16.05.2025 and has got four criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gwalpara P.S. Case No. 106 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.80578 of 2025(2) dt.11-12-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T