Created by Fuzzy Cloud

Patna High Court

Ramchandra Prasad @ Bola Mukhiya @ Bhola MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail on furnishing a bond and complying with the stipulated conditions.

Summary

The petitioner, Ramchandra Prasad, sought bail in a case registered under Sections 316(2), 318(4), 338, 336(3) and 3(5) of the Bihar Non‑Statutory Act, 2023, alleging fraud in a provisional lease of a pond. The prosecution alleged that the petitioner, along with co‑accused Umesh Mukhiya, fabricated a management committee, prepared a false proposal, and misappropriated Rs.27,440. The petitioner contended that the FIR was false and that a similarly situated co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s participation in the alleged crime and his other pending cases. The Court, noting the earlier bail granted to Umesh Mukhiya and the lack of contrary material, ordered bail for the petitioner on a bond of Rs.10,000 with two sureties and imposed standard conditions for bail. The bail order was directed to be implemented without delay pending verification of the petitioner’s criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 316(2), 318(4), 338, 336(3) and 3(5) of the Bihar Non‑Statutory Act, 2023.
  • Whether the existence of other pending criminal cases against the petitioner precludes the grant of bail.
  • Whether the grant of bail to a co‑accused in a similar circumstance mandates bail for the petitioner.

Subjects

  • bail
  • fraud
  • false FIR
  • provisional lease
  • pond settlement
  • criminal antecedent
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90286 of 2025
                     Arising Out of PS. Case No.-93 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
                 Ramchandra Prasad @ Bola Mukhiya @ Bhola Mukhiya S/o Shankar
                 Mukhiya R/o Village - Gonahi, P.S - Chhauradano, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Prateek Tandon, Advocate
                 For the Opposite Party/s :        Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-01-2026                    Heard Mr.Prateek Tandon, learned counsel for the

                   petitioner and Mr.Mohammed Arif, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   14.10.2025 in connection with Darpa P.S. Case No.93 of 2025,

                   dated 16.04.2025 registered for the offences punishable under

                   Sections 316(2),318(4),338,336(3),3(5) of BNS, 2023.

                                3. The prosecution case in short is that there is

                   allegation against the petitioner that he alongwith Umesh

                   Mukhiya illegally held a meeting of a fake management

                   committee and prepared a fake proposal and petitioner

                   Ramchandra Prasad by becoming the so-called minister and

                   Umesh Mukhiya submitted letter no. 12 dated 22.09.2024 to the

                   Fisheries Directorate, Bihar, Patna for long term pond
Patna High Court CR. MISC. No.90286 of 2025(2) dt.15-01-2026
                                            2/4




          settlement. And in the light of that by issuing a provisional lease

          of long term settlement of Lohdia pond khata no. 0 khesra 115

          area 191 acres of village Lohdia P.S. Darpa in a fraudulent

          manner, they are bent upon creating riots at the pond. And Rs.

          27,440/- have been defrauded in the name of Government

          revenue. Whereas the said power is given to the present

          Chairman and Minister. The B.D.O. has also certified that he

          has issued certificate in favour of the elected president and

          others and the accused persons have committed fraud.

                       4. Learned counsel appearing for the petitioner

          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. As per allegation in the FIR, the petitioner

          and other co-accused persons on the basis of the so called

          meeting prepared a fake proposal and become a Minister and

          President of the said Committee and on that basis the

          Government has settled the pond in favour of fake Committee

          and petitioner is so called Minster of the said Committee and

          they have altogether misappropriated the amount of Rs. 27,440/-

          and     co-accused person, namely, Umesh Mukhiya, who is

          Chairman of the said Committee, has been granted bail by this

          Court vide order dated 13.01.2026 passed in Cr. Misc. No.90838
Patna High Court CR. MISC. No.90286 of 2025(2) dt.15-01-2026
                                            3/4




          of 2025. The police, after investigation, submitted chargesheet

          against the petitioner and the petitioner is in custody since

          14.10.2025.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner has

          participated in the present crime in question and he carries six

          more cases other than the present one but fairly submits that the

          petitioner is on bail in all the cases, as mentioned in para-3 of

          the bail petition.

                       6. Considering the aforesaid fact, similarly situated

          co-accused person, namely, Umesh Mukhiya, who is Chairman

          of the said Committee, has been granted bail by this Court as

          well as period of custody, 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 learned J.M.-1st Class, Motihari East Champaran

          in connection with Darpa P.S. Case No.93 of 2025,with 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

          on his/her absence on two consecutive dates without sufficient
               Patna High Court CR. MISC. No.90286 of 2025(2) dt.15-01-2026
                                                           4/4




                         reason, his/her 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)
Nitesh/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.