Patna High Court
Dhuruv MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that suppression of criminal antecedents in a bail application and subsequent supplementation is not permissible, leading to dismissal of the application.
Summary
The petitioners, a group of residents from Kuwarpur village, sought bail fearing arrest in a case (P.S. Case No. 166 of 2026) under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022. Their original bail application asserted that they had no criminal antecedent. During the hearing, they requested time to file a supplementary affidavit disclosing their actual criminal records, which contradicted the original claim. The Court held that deliberately suppressing criminal antecedents in a bail application and later attempting to remedy it through a supplementary affidavit is impermissible. Consequently, the Court dismissed the bail application, granting the petitioners liberty to file a fresh application that accurately reflects their antecedents.
Issues considered
- Whether a bail application that omits the petitioners' criminal antecedents can be supplemented later with a supplementary affidavit.
- Whether the Court can dismiss a bail application on the ground of suppression of material facts.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
Subjects
- bail
- criminal antecedent
- suppression of facts
- Bihar Prohibition and Excise Amendment Act
- high court
- supplementary affidavit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37815 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- PIPRA District- East Champaran
======================================================
1. Dhuruv Mukhiya Son of Dukhan Mukhiya Resident at village- Kuwarpur
Bintoli, Ps- Pipra, Dist- East Champaran Motihari
2. Rup Narayan Mukhiya Son of Dukhan Mukhiya Resident at village-
Kuwarpur Bintoli, Ps- Pipra, Dist- East Champaran Motihari
3. Bhageshwar Mukhiya son of Dukhan Mukhiya Resident at village-
Kuwarpur Bintoli, Ps- Pipra, Dist- East Champaran Motihari
4. Jay Narayan @ JayCharan Mukhiya son of Gujur Mukhiya Resident at
village- Kuwarpur Bintoli, Ps- Pipra, Dist- East Champaran Motihari
5. Budhan Mukhiya son of Bindeshwar Mukhiya Resident at village-
Kuwarpur Bintoli, Ps- Pipra, Dist- East Champaran Motihari
6. Renu Devi @ Manjhu Devi Wife of Dhuruv Mukhiya Resident at village-
Kuwarpur Bintoli, Ps- Pipra, Dist- East Champaran Motihari
7. Mina Devi Wife of Rup Narayan Mukhiya Resident at village- Kuwarpur
Bintoli, Ps- Pipra, Dist- East Champaran Motihari
8. Sangita Devi @ Sunarpati Devi Wife of Budhan Mukhiya Resident at
village- Kuwarpur Bintoli, Ps- Pipra, Dist- East Champaran Motihari
9. Sunarpati Devi wife of Bhageshwar Mukhiya Resident at village- Kuwarpur
Bintoli, Ps- Pipra, Dist- East Champaran Motihari
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Gupta
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
Mr. Jharkhandi Upadhyay.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Pipra P.S. Case No. 166 of 2026 registered for the offence
under Section 30(a), 41(1) of the Bihar Prohibition and Excise
Amendment Act, 2022.
Patna High Court CR. MISC. No.37815 of 2026(2) dt.16-06-2026
2/2
3. At the very outset, learned counsel for the
petitioner, prays for time to file supplementary affidavit in this
case for bringing on record the criminal antecedent of all the
petitioners as in the petition, it has been mentioned that all the
petitioners have no criminal antecedent.
4. In the opinion of this Court, the business of
suppressing the criminal antecedent while filing of the bail
application and subsequently, bringing the criminal antecedents
on record by way of filing supplementary affidavit cannot be
allowed by this Court.
5. In view of the above, this application is dismissed
with liberty to the petitioner to file a fresh bail application
mentioning their criminal antecedent/s.
(Sandeep Kumar, J)
Vikas/-
U
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