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Patna High Court

Umesh MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to monetary surety and specific conditions.

Summary

Umesh Mukhiya was arrested on 13 October 2025 in connection with FIR dated 16 April 2025 alleging fraud and rioting that resulted in a loss of Rs.27,440 to the government. He was charged under Sections 316(2), 318(4), 338, 336(3) and 3(5) of the BNS, 2023. The petitioner claimed a clean antecedent and argued that he was falsely implicated, asserting that the alleged fraudulent proposal for a fisheries pond was signed by many and he was not the sole beneficiary. The prosecution, represented by the Additional Public Prosecutor and an informant, opposed the bail application. The High Court, after hearing both sides, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents. The order directed that bail should not be delayed for antecedent verification.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under Sections 316(2), 318(4), 338, 336(3) and 3(5) of the BNS, 2023.
  • Whether the petitioner’s claim of clean antecedent and false implication warrants bail despite the seriousness of the alleged fraud and rioting.

Legislation cited

  • BNS, 2023 — s. 316(2), 318(4), 336(3), 338, 3(5)

Subjects

  • bail
  • criminal procedure
  • fraud
  • rioting
  • BNS 2023
  • sections 316(2) 318(4) 338 336(3) 3(5)
  • clean antecedent
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90838 of 2025
                     Arising Out of PS. Case No.-93 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
                 Umesh Mukhiya S/o- Shital Mukhiya Village- Tinkoni PS- Darpa Distt- East
                 Chamaparan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Subodh Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Dilip Kumar No. 1, APP
                 For the Informant        :        Mr. Rajesh Kumar, Advocate
                                                   Mr. Amardeep, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                      Heard Mr. Subodh Kumar Mishra, learned counsel

                   for the petitioner, Mr. Rajesh Kumar, learned counsel for the

                   informant as well as Mr. Dilip Kumar No. 1, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   13.10.2025 in connection with Darpa P.S. Case No. 93 of 2025,

                   F.I.R. dated 16.04.2025 for the offences punishable under

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

                               3. According to prosecution case, this petitioner along

                   with other accused persons in a fraudulent manner created riots

                   near the pond and defrauded Rs. 27,440/- in the name of the

                   Govt. revenue.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90838 of 2025(2) dt.13-01-2026
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          petitioner has clean antecedent and he has falsely been

          implicated in the present case. As per the allegation in the F.I.R,

          the petitioner and other accused persons have called a meeting

          and prepared a fake proposal where the petitioner acted as a

          President of the Fisheries Samiti and submitted a proposal in the

          Directorate of Fisheries and on the basis of the said fake

          proposal the Directorate had settled a pond in favour of the

          petitioner. He further submits that the proposal was signed by

          number of persons including the petitioner and he is not the only

          beneficiary of that proposal. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 13.10.2025.

                      5. Learned counsel for the informant as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioner.

                       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 J.M. 1 st

          Class, Raxaul at Motihari, East Champaran in connection with

          Darpa P.S. Case No. 93 of 2025, subject to the following

          conditions:-
            Patna High Court CR. MISC. No.90838 of 2025(2) dt.13-01-2026
                                                        3/3




                                   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 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)
Vanisha/-

U      T


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