Patna High Court
Raju MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Raju Mukhiya was charged under the Arms Act, NDPS Act and the Bihar Prohibition and Excise Act for possession of two loaded pistols and 20 bottles of cough syrup. He had previously been granted bail, which was cancelled after he was declared an absconder and imprisoned in another case. The petitioner applied for fresh bail, acknowledging five prior criminal antecedents and offering to comply with any conditions. The State opposed the bail, citing the earlier cancellation and risk of tampering. The Court, after considering the petitioner’s undertaking and the period of custody, granted bail on a cash bond of Rs.15,000 with two sureties, subject to four conditions relating to family surety, appearance, non‑tampering and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to a petitioner who previously had bail cancelled for absconding and imprisonment in another case
- Whether the nature of the offences under the Arms Act, NDPS Act and Bihar Prohibition and Excise Act precludes bail
- Whether the petitioner’s undertaking and custody period justify the grant of bail
Legislation cited
Subjects
- bail
- Arms Act
- NDPS Act
- Bihar Prohibition and Excise Act
- criminal procedure
- absconding
- prior bail cancellation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22500 of 2026
Arising Out of PS. Case No.-895 Year-2023 Thana- MADHEPURA District- Madhepura
======================================================
Raju Mukhiya Son of Late Bhagvat Mukhiya Resident of Village- Bhirki,
Ward No. 10, P.S.- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhepura P.S. Case No. 895 of 2023, instituted for the
offences under Sections 25(1-B)(a), 26 and 35 of the Arms Act,
read with Sections 21(c), 22(c) of the NDPS Act and Section
30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution case, in short, is that total two loaded
country made pistols have been recovered from the possession
of the petitioner and co-accused person. It is further alleged that
there is also recovery of 20 bottles of Wiscof cough syrup
containing 100 ml each from a Scorpio vehicle.
Patna High Court CR. MISC. No.22500 of 2026(2) dt.03-04-2026
2/3
4. Learned counsel for the petitioner submitted that
present case is the case of misuse of privilege of bail earlier
granted to the petitioner. Earlier the petitioner was granted bail
on by the learned court below. It is further submitted that on
26.06.2024 the bail bonds of the petitioner was cancelled as the
petitioner was imprisoned in another case due to which the
petitioner was unable to appear in this case and further the
petitioner was declared absconder on 19.04.2025 and an order
for permanent warrant was passed. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
02.03.2025 and has got five criminal antecedents. Learned
counsel further submitted that petitioner undertakes to abide by
any conditions imposed by this Court, if released on bail.
5. Learned A.P.P. 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, the undertaking given by the petitioner 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.22500 of 2026(2) dt.03-04-2026
3/3
below/concerned Court in connection with Madhepura P.S.
Case No. 895 of 2023, subject to the following conditions:
(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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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