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Patna High Court

Laxman MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.20827 of 2026(2) dt.10-04-2026
                                                           3/3




                         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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