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Patna High Court

Vijay MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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