Patna High Court
Vijay MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the nature of the accusation and the period of custody, regular bail may be granted even for serious offences where no specific overt act is established against the petitioner.
Summary
Vijay Mukhiya was arrested in connection with a 2021 case alleging offences under several sections of the Indian Penal Code and the Arms Act, including rioting, assault, attempt to murder, robbery and illegal possession of arms. The prosecution alleged that a group of accused, including the petitioner, assaulted a victim with weapons and that the petitioner instigated a co‑accused to fire at another person, resulting in injury and theft of valuables. The petitioner contended that he was merely an alleged order‑giver and that no specific overt act was attributed to him, seeking regular bail after being in custody since December 2025. The State opposed bail, citing the seriousness of the charges. The court examined the nature of the accusations and the length of custody, noting the lack of a specific overt act against the petitioner, and concluded that bail could be granted. Accordingly, the petitioner was released on a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused of serious offences under Sections 147, 148, 149, 341, 325, 307, 379, 504, 506 IPC and Section 27 Arms Act.
- Whether mere alleged instigation without a specific overt act suffices to deny bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 325, 341, 379, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal procedure
- instigation
- serious offences
Judgment
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
2 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
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