Patna High Court
Sudhir Mukhiya @ Sudhir Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 308(2), 308(3), 482(2)
- Code of Criminal Procedure (CrPC) — s. 438(2)
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
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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
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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
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