Patna High Court
Kumari MamtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, subject to specified monetary and procedural conditions.
Summary
Petitioner Kumari Mamta, a post office employee, feared arrest in a case (Guthni PS Case No. 309 of 2023) alleging embezzlement of Rs. 20,66,287 under Sections 409 and 34 of the Indian Penal Code. The prosecution alleged she colluded with a co‑accused to misappropriate funds, while the petitioner claimed the online entries were erroneous and offered to return Rs. 21 lakh. The State and the Union of India opposed bail, citing the large alleged defalcation. The Court, after hearing counsel and the informant, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and the production of a Rs.10.5 lakh demand draft, with provisional release pending full payment. The order also corrected a typographical error in a prior order and directed the case to be re‑listed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of criminal breach of trust and common intention under IPC Sections 409 and 34.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 409
Subjects
- anticipatory bail
- criminal breach of trust
- IPC 409
- IPC 34
- bail conditions
- fraud
- money laundering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29834 of 2025
Arising Out of PS. Case No.-309 Year-2023 Thana- GUTHANI District- Siwan
======================================================
Kumari Mamta W/O Purushotam Prasad R/O Tali Branch, Post office Bhaya-
Mairwa, Police Station- Guthni, Distt.- Siwan, 841239.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Avinesh Kumar Singh S/o- Jagdish Prasad Singh R/o- Aagha Enclave, Vijay
Bihar Colony PO- Danapur, PS- Rupaspur Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate
Mr. Kumar Gaurav, Advocate
Ms. Sheshadri Kumari, Advocate
Mr. Shashank Kashyup, Advocate
Mr. Jay Karn
For the Opposite Party/s : Mr. Shyameshwar Dayal
For the UOI : Mr. Amish Kumar, Advocate
For the Informant : Mr. Avinesh Kumar Singh, In Person
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 23-02-2026 It has come to the notice that there is some
typographical error in paragraph no. 3 of the order dated
17.02.2026.
2. In view of the above, let the paragraph no. 3 of the
order dated 17.02.2026 be modified and be read as follows:-
“3. Re-list this case on 23.02.2026.”
3. Heard the learned counsels for the parties. The
informant has appeared in person and has assisted this Court.
4. The petitioner apprehends arrest in connection with
Guthni P.S. Case No. 309 of 2023 registered for offences under
Patna High Court CR. MISC. No.29834 of 2025(9) dt.23-02-2026
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Sections 409 and 34 of the Indian Penal Code.
5. As per the prosecution case, the petitioner in
connivance with Mr. Purushottam Praad, is alleged to have
embezzled a total of Rs. 20,66,287/- from the Tali Branch Post
Office.
6. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that there is no defalcation by the petitioner
and there is some wrong entry in the online mode in the head
office and if it is compared with the offline mode, then the FIR
will fall flat. He further submits that the petitioner, without
accepting the guilt, offers to return an amount of Rs. 21 Lakh in
the next two months in two equal installments.
7. Learned APP for the State and the learned counsel
for the Union of India have vehemently opposed the prayer for
bail. The learned counsel for the Union of India has submitted
that the there is allegation of huge defalcation against the
petitioner and her entire family.
8. Considering the facts and circumstances of the case
and the submissions of the parties, this application for
anticipatory bail is allowed.
9. Accordingly, let the petitioner, above-named, in the
Patna High Court CR. MISC. No.29834 of 2025(9) dt.23-02-2026
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event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.-VII,
Siwan/concerned Court below in connection with Guthni P.S.
Case No. 309 of 2023 subject to the conditions as laid down
under Section 482(2) of the BNSS with further condition that:-
At the time of furnishing bail bonds, the
petitioner shall produce a demand draft of Rs. 10.5
lakh. The bail bonds shall only be accepted upon
production of the demand draft, and the petitioner
shall be released on provisional bail. Upon
payment of the full amount, the provisional bail
granted to the petitioner shall be confirmed by the
Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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