Patna High Court
Mukesh Mukhiya @ MukeshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond and specified conditions.
Summary
Mukesh Mukhiya was arrested on 23 January 2026 for alleged purse snatching on a train, charged under Sections 304 and 317(2) of the Bharatiya Nyay Sanhita, 2023. He filed a bail petition claiming innocence, alleging that the FIR was fabricated and that no trial‑in‑process (TIP) had been conducted. The prosecution opposed bail, pointing to two prior criminal antecedents, though noting that the petitioner was already on bail for those matters. The High Court considered the nature of the offences, the petitioner’s claim of false implication, and the existence of prior cases, and ordered bail on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether bail should be granted to the accused under Sections 304 and 317(2) of the Bharatiya Nyay Sanhita, 2023, considering the seriousness of the offences.
- Whether the petitioner’s prior criminal antecedents and alleged concealment affect the grant of bail.
- Whether the absence of a trial‑in‑process (TIP) report is a ground to deny bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 304, 317(2)
Subjects
- bail
- purse snatching
- railway offence
- criminal antecedent
- Bharatiya Nyay Sanhita
- Section 304
- Section 317(2)
- High Court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28763 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- BARAUNI RAIL P.S. District- Begusarai
======================================================
Mukesh Mukhiya @ Mukesh S/o Jitan Mukhiya R/o Village - Korahiya Ward
no. 12, P.S - Jainagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Yugal Kishore, learned counsel for the
petitioner as well as Mr. Ashok Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.01.2026 in connection with Barauni Rail P.S. Case No. 20 of
2026, F.I.R. dated 22.01.2026 for the offences punishable under
Sections 304 and 317(2) of the Bharatiya Nyay Sanhita, 2023.
3. Allegation against the petitioner is that he along
with other co-accused person snatched the purse from a
passenger and tried to flee from train.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case merely on the basis of suspicion. He further
submits that the allegation as alleged in the F.I.R. is false and
Patna High Court CR. MISC. No.28763 of 2026(2) dt.28-04-2026
2/3
fabricated and the petitioner has not committed any offences as
alleged in the F.I.R. Although the police had supported the fact
that recovery have been made from the possession of the
petitioner but till date no TIP has been conducted by the
prosecution. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 23.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries two criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 A.C.J.M.,
Rail, Barauni, Begusarai in connection with Barauni Rail P.S.
Case No. 20 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.28763 of 2026(2) dt.28-04-2026
3/3
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Suruchi/-
U T
Checking your session…