Patna High Court
MD. MUMTAJversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 406, 420
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
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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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