Umesh Mukhiya v. The State Of Bihar

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 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 2/3 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. 1st 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