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2026 DAILYLAW 26628 (PAT)

MAHESH MUKHIYA v. The State of Bihar

CR. MISC./48367/2026 · 2026-07-22

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48367 of 2026 Arising Out of PS. Case No.-54 Year-2026 Thana- SUPPI District- Sitamarhi ====================================================== Mahesh Mukhiya Son of Shankar Mukhiya R/o village - Mohini Mandal, Ward No. 5, P.S.- Suppi, District - Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Suppi P.S. Case No. 54 of 2026, registered for the offences under Sections 318(4), 319(2), 336(3), 303(2), 340(2) of the BNS. 3. As per the prosecution case, the petitioner cheated the informant of Rs.40 lakh on the pretext of getting him license of tender in a factory. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. No date has been mentioned about the time and date of occurrence. The fact of the case is that the informant has been working as a contractor of labourers and used to provide labourers to factories in Maharashtra. The petitioner used to deliver him labourers and on that account the informant used to pay the petitioner to distribute amongst his labourers. Further, the informant himself embezzled about Rs.5 Patna High Court CR. MISC. No.48367 of 2026(2) dt.22-07-2026 2/3 lakh and in order to grab the same, lodged the said case. This fact is also apparent from lodging the case of Sitamarhi District whereas all the offences have been stated to take place in Maharashtra. The police is in connivance with the informant as the case was lodged on 12.02.2026 and the petitioner was arrested on 13.02.2026. The whole occurrence is completely false and unbelievable that petitioner asked for Rs. 1 crore and the informant paid Rs.40 lakh. This fact is also apparent from the receipts filed by the informant annexed by the informant with his written report. It is also not believable that any person would pay a huge amount of Rs.40,000/- on oral assurance of any person and no agreement was ever made. The petitioner is having clean antecedent and is in custody since 13.02.2026. Charge sheet has been submitted. 5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague and doubtful nature of allegation and also considering the period of custody of the petitioner and submission of charge sheet against him and clean antecedent of the petitioner, the petitioner is directed to be released on bail, on furnishing bail Patna High Court CR. MISC. No.48367 of 2026(2) dt.22-07-2026 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, Sitamarhi/concerned court, in connection with Suppi P.S. Case No. 54 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. anuradha/- (Arun Kumar Jha, J) U T