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Patna High Court

Kumari MamtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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