Patna High Court
Umesh MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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