Patna High Court
Laxman MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioners subject to strict conditions ensuring their cooperation, presence, and non‑tampering with evidence.
Summary
Laxman Mukhiya and Mukesh Mukhiya, arrested on 30 January 2026 for offences under Sections 341, 323, 324, 325, 307, 504, 506 and 34 of the Indian Penal Code, sought bail after a previous bail order dated 14 December 2021 was cancelled on 17 August 2022 for concealing their criminal antecedents. Their earlier application for modification of the cancelled bail was dismissed on 2 November 2022. The State opposed the fresh bail application, noting that the petitioners were already on bail in two other cases. The Patna High Court, after hearing counsel for both sides, granted bail on the condition that each petitioner furnish a Rs.10,000 bond with two sureties of equal amount, cooperate with the trial, appear before the court on every date, and refrain from tampering with evidence or concealing further antecedents. The order also provides for automatic cancellation of bail if the petitioners miss two consecutive court dates without sufficient cause or are found to have concealed any criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioners despite the earlier cancellation of bail for concealment of criminal antecedents.
- Whether the petitioners' pending cases and existing bail status affect the grant of bail in the present matter.
- Whether the conditions imposed by the court for the grant of bail are lawful and appropriate.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 504, 506
Subjects
- bail
- concealment of antecedents
- Indian Penal Code
- criminal procedure
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20827 of 2026
Arising Out of PS. Case No.-439 Year-2019 Thana- CHIRAIYA District- East Champaran
======================================================
1. Laxman Mukhiya Son of Late Chalitra Mukhiya
2. Mukesh Mukhiya Son of Laxman Mukhiya
Both are Resident of Village - Bara Jairam, P.S. - Chiraiya, Dist. - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar,Advocate
For the Opposite Party/s : Mr.Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioners and Mr.Amitesh Kumar, learned A.P.P. for the State.
2. The petitioners seek bail, who are in custody since
30.01.2026 in connection with S.Tr.No.717 of 2021 arising out
of Chiraiya P.S.Case No.439 of 2019, F.I.R. dated 28.08.2019
registered for the offence punishable under Section
341,323,324,325,307,504,506,34 of the Indian Penal Code.
3.Learned counsel appearing for the petitioners
submits that the petitioners have been granted bail vide order
dated 14.12.2021 passed in Cr.Misc.No.36167 of 2021 but the
bail bond of the petitioners was cancelled vide order dated
17.08.2022because the petitioners have concealed their criminal
Patna High Court CR. MISC. No.20827 of 2026(2) dt.10-04-2026
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antecedents. Learned counsel for the petitioners submits that
thereafter the petiitoners have moved before this Court for
modifying the order dated 14.12.2021 but the same was
dismissed vide order dated 02.11.2022 passed in Cr. Misc. No.
58060 of 2022. Learned counsel for the petitioners submits that
the petitioners have surrendered on 30.01.2026. Learned counsel
for the petitioners further submits that in future the petitioners
will appear before the learned court below on each and every
date.
4. Learned APP for the State has opposed the prayer
for bail of the petitioners and submits that the petitioners carry
two more cases other than the present one but fairly submits that
the petitioners are on bail in both the cases, as mentioned in
para-3 of the bail petition.
5. Considering the aforesaid fact, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-11th, Motihari, East Champaran in
connection with S.Tr.No.717 of 2021 arising out of Chiraiya
P.S.Case No.439 of 2019, with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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