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Patna High Court

MD. MUMTAJversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified monetary and surety conditions.

Summary

The petitioner, Md. Mumtaj, sought anticipatory bail in connection with a case alleging cheating and criminal breach of trust under IPC sections 420 and 406, where he allegedly purchased bakery goods on credit of Rs. 5,67,612 and failed to repay. The prosecution argued that he defaulted on payments despite an agreement and misused the amount. The petitioner claimed innocence, offered to repay the full amount by July 2026, and highlighted his clean antecedent. The State opposed the bail. The High Court, applying Section 438(2) of the CrPC and Section 482, allowed the anticipatory bail with a bond of Rs. 10,000, two sureties, and a condition that the petitioner pay Rs. 25,000 immediately and the balance of Rs. 5,17,612 by July 2026, failing which the bail may be cancelled. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under IPC sections 420 and 406.
  • Whether the conditions imposed, including payment to the informant, are permissible under the law.
  • Whether the petitioner's clean antecedent and willingness to repay affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • cheating
  • criminal breach of trust
  • IPC 420
  • IPC 406
  • bail conditions
  • Criminal Procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68343 of 2025
                         Arising Out of PS. Case No.-53 Year-2024 Thana- PUPRI District- Sitamarhi
                 ======================================================
                 MD. MUMTAJ Son of Md. Naushad R/O Village - Bharwada, P.S.- Sihwada,
                 District - Darbhanga.

                                                                                      ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Bhaskar Joshi Son of Late Shyam Narayan Joshi Resident of Ward No.- 16,
                 Nagar Prashid Jakanpur Road, Bata Gali, P.S.- Pupri, District - Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Abhishek Anand, Advocate
                 For the Opposite Party/s :         Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   26-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Pupri P.S. Case No. 53 of 2024 registered for

                   the offence under Sections 420, 406 of I.P.C.

                   3.    As per the prosecution case, informant alleged that the

                   petitioner purchased bakery goods on credit worth Rs.

                   5,67,612/- and failed to repay the dues. Despite an agreement to

                   pay Rs. 15,000/- monthly from July, 2023, he paid only Rs.

                   25,000/-. After receiving a legal notice, he refused payment and

                   allegedly misused the unpaid amount for personal construction

                   purposes.
Patna High Court CR. MISC. No.68343 of 2025(4) dt.26-02-2026
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                      4. It has been submitted by the learned counsel for the

          petitioner that the petitioner is innocent and he has falsely been

          implicated in this case. It is next submitted that petitioner is

          ready to return the entire amount of rs. 5,42,612/- to the

          informant till July, 2026. Petitioner has clean antecedent.

                           5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                          6. Considering the aforesaid facts, this application

          is allowed.

                       7. Let the petitioner, above named, in the event of his

          arrest or surrender before the concerned Court below within four

          weeks from today, be released on bail on furnishing bail bond of

          Rs. 10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned S.D.J.M.,

          Sitamarhi/ concerned Court below in connection with Pupri P.S.

          Case No. 53 of 2024, subject to the conditions laid down in

          Section 438(2) of the Code of Criminal Procedure, 1973 /

          Section 482 of the BNSS.

                       8. This is also subject to the condition that at the time

          of furnishing bail bond the petitioner will pay Rs. 25,000/- to

          the informant and the rest amount of Rs. 5,17,612/- shall be paid

          by the petitioner to the informant till July, 2026. If the petitioner
              Patna High Court CR. MISC. No.68343 of 2025(4) dt.26-02-2026
                                                          3/3




                        fails to deposit the rest amount of Rs. 5,17,612/- to the

                        informant, the informant will be at liberty to move before

                        appropriate forum for cancellation of bail bond of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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