Created by Fuzzy Cloud

Patna High Court

Mohammad MumtazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.