Patna High Court
Mustak Dhuniya @ Mustaque DhuneaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to strict conditions, notwithstanding the concealment of antecedents.
Summary
Mustak Dhuniya was arrested on 4 September 2025 in connection with a 2023 case involving multiple IPC offences, including rioting, criminal intimidation and forgery. He had previously been granted regular bail in October 2024, which was later cancelled on the ground that he concealed his prior criminal record. The petitioner applied for bail again, claiming innocence, while the prosecution opposed, citing ten prior convictions. The Patna High Court considered the concealment issue and the seriousness of the charges, and ordered his release on bail with a Rs.10,000 bond and two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of antecedents. The bail bond is to be cancelled if the petitioner is found to have concealed his criminal history or breaches any condition.
Issues considered
- Whether bail can be granted despite the petitioner’s concealment of prior criminal antecedents.
- Whether the conditions imposed by the court are lawful and sufficient for the grant of bail.
- Whether the prior cancellation of bail affects the current bail application.
Legislation cited
- Indian Penal Code — s. 120(b), 147, 148, 149, 341, 384, 467, 468, 469, 504, 506
Subjects
- bail
- criminal antecedents
- concealment
- IPC offences
- high court
- regular bail
- conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92019 of 2025
Arising Out of PS. Case No.-270 Year-2023 Thana- JOGBANI District- Araria
======================================================
Mustak Dhuniya @ Mustaque Dhunea son of Late Nur Miya @ Nur
Mohammad Resident Of Village-Fena Belahi, Ward No 11, P S -Jogbani
(Bathnaha), Distt -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-01-2026 Heard Mr. Vijay Kishore Bharti, learned counsel for
the petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.09.2025 in connection with Jogbani (Bathnaha) P.S. Case
No. 270 of 2023, F.I.R. dated 02.11.2023 for the offences
punishable under Sections 147, 148, 149, 341, 384, 467, 468,
469, 504, 506 and 120(b) of the IPC.
3. Earlier the petitioner has been granted regular bail
vide order dated 04.10.2024 passed in Cr. Misc. No. 48906 of
2024 but the bail bond of the petitioner has been rejected on the
ground that the petitioner has concealed his criminal antecedents
while furnishing the bail bond.
Patna High Court CR. MISC. No.92019 of 2025(2) dt.07-01-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the bail bond of the
petitioner has been cancelled vide order dated 04.09.2025 and
the petitioner is in custody since 04.09.2025 in the present case.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner does not deserve the privilege of
regular bail on the ground that petitioner carries ten criminal
antecedents other than the present one.
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, Araria in connection with Jogbani (Bathnaha) P.S. Case
No. 270 of 2023, 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
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
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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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