Patna High Court
Mohammad MumtazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
A person with a clean antecedent cannot be held liable for alleged offences committed by his son‑in‑law and is entitled to anticipatory bail under Section 482(2) of the BNSS.
Summary
Petitioner Mohammad Mumtaz feared arrest in a case registered under Sections 316(2), 318(4) and 3(5) of the BNS, 2023, where an informant alleged that the petitioner's son‑in‑law Md. Babar and an associate Md. Umar took an advance of Rs. 2.5 lakhs for tailoring work and later absconded with cloths worth Rs. 1.5 lakhs. The petitioner, who has a clean antecedent, contended that he was falsely implicated and that the alleged misconduct was solely by his son‑in‑law and the associate. The State opposed the anticipatory bail application. The Court, after considering the petitioner's clean record and the fact that the alleged acts were not directly attributable to him, ordered that he be released on anticipatory bail if arrested or surrendered within six weeks, subject to a bail bond of Rs. 10,000 and two sureties, under Section 482(2) of the BNSS. The anticipatory bail application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR alleging offences under Sections 316(2), 318(4) and 3(5) of the BNS, 2023.
Legislation cited
- BNS, 2023 — s. 316(2), 318(4), 3(5), 482(2)
Subjects
- anticipatory bail
- clean antecedent
- false implication
- BNS 2023
- Section 482
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37013 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- BARH District- Patna
======================================================
Mohammad Mumtaz S/o Late Wasim Miyan R/o Kazichak, P.O. and P.S.-
Barh, Patna, Barh, Bihar, 803213
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Bhardwaj, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 316(2),
318(4) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he had employed Md. Babar, son-in-law of the
petitioner along with Md. Umar for tailoring work in his Arvind
Store shop, further Babar and Umar took an advance of Rs. 2.5
Lakhs from him, but did not come to the shop after 03.05.2025
and fled away with cloths of the customer worth Rs. 1.5 Lakhs.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the
Patna High Court CR. MISC. No.37013 of 2026(2) dt.16-06-2026
2/2
informant alleges that he had employed Babar being son-in-law
of the petitioner, it is thus submitted that if Babar and Umar
committed wrong with the informant, for that the petitioner
cannot be held responsible.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that petitioner is a person with clean antecedent, the petitioner
above-named, in the event of his arrest or surrender within a
period of six weeks from today, 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
the learned trial court where the case is pending/successor court
in connection with Barh P.S. Case No. 324 of 2025 subject to
the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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