Created by Fuzzy Cloud

Patna High Court

Sudhir Mukhiya @ Sudhir Kumar MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in the absence of a specific allegation against the petitioner, anticipatory bail should be granted subject to the stipulated conditions.

Summary

Sudhir Mukhiya sought anticipatory bail after the police registered a case (PS Madhepur Case No.150 of 2025) alleging offences under Sections 308(2) and 308(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 27 of the Arms Act. The FIR claimed that Mukhiya and others extorted shopkeepers by showing photographs with firearms, but the petitioner's counsel argued that the primary allegation of extortion was against co‑accused Rupesh Kumar Yadav, with no direct charge against Mukhiya. The State opposed the bail, relying on the FIR allegations. The High Court examined the FIR and found no specific allegation against the petitioner, concluding that anticipatory bail was appropriate. Consequently, the Court ordered that Mukhiya be released on bail if arrested, subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) CrPC and Section 482(2) BNSS, including cooperation with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the allegations in the FIR.
  • Whether the FIR specifically implicates the petitioner or merely the co‑accused.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • arms act
  • BNSS
  • CrPC
  • bail conditions
  • FIR
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7536 of 2026
                    Arising Out of PS. Case No.-150 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Sudhir Mukhiya @ Sudhir Kumar Mukhiya S/o Amir Lal Mukhiya @ Amir
                 Mukhiya R/o Village - Banki, P.S - Madhepur, District - Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 308(2),

                   308(3) of B.N.S. and Section 27 of the Arms Act.

                                   3. The allegation in the First Information Report is

                   that on 03.09.2025, a secret information was received by the

                   police that petitioner along with others were extorting money

                   from different shopkeepers by showing his photographs with

                   firearms.

                                   4. Learned counsel for the petitioner submits that

                   upon going through the contents of the First Information Report

                   it would be evident that the co-accused Rupesh Kumar Yadav

                   has been identified as the person, who used to demand extortion
Patna High Court CR. MISC. No.7536 of 2026(2) dt.04-02-2026
                                            2/3




          money from small shopkeepers by showing his photographs

          with firearms. It would be clear from the reading of the F.I.R.

          that the thrust of the allegation is upon Rupesh Kumar Yadav

          and with regard to this petitioner, it has been submitted that at

          the fag end of the F.I.R., he is alleged to have stated that they

          used to get cigarette and gutka free of cost on account of fear of

          Rupesh Kumar Yadav.

                          5. Learned APP for the State opposed the prayer for

          anticipatory bail on the basis of allegations made in the First

          Information Report.

                          6. Taking into consideration the facts and

          circumstances and considering the fact that there is virtually no

          allegation against the petitioner of seeking extortion etc., and

          the same is specific against co-accused, Rupesh Kumar Yadav,

          let the above named petitioner, be released on bail, in the event

          of his arrest or surrender before the learned Court below within

          a period of four weeks from today, on furnishing bail bond of

          Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Court below

          where the case is pending/successor Court in connection with

          Madhepur P.S. Case No. 150 of 2025 (G.R. No.1714 of 2025),

          subject to the condition as laid down under Section 438 (2) of
            Patna High Court CR. MISC. No.7536 of 2026(2) dt.04-02-2026
                                                        3/3




                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.

                                      (i) One of the bailors will be his own blood relative,
                                      preferably, father, mother, brother, sister and/or his
                                      wife.
                                      (ii)    The   petitioner     shall   co-operate   with   the
                                      investigation, if not already concluded and make
                                      himself available as and when so required, failing
                                      which the prosecution will be at liberty to move
                                      cancellation of his bail bond.



                                                (Soni Shrivastava, J)
anand/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.