Patna High Court

Mustari BegamversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and compliance with Section 438(2) CrPC/Section 482(2) B.N.S.S.

Summary

The petitioner, Mustari Begam, feared arrest for alleged offences under IPC sections 406, 409, 419, 420, 467, 468 and 120B relating to alleged irregularities in Panchayat scheme implementation and construction of a Panchayat Sarkar Bhawan. The FIR, lodged in 2025, concerns an incident that occurred in 2016, indicating a delay of nine years. The allegation is limited to the supply of construction material from a shop owned by the petitioner's son, with no claim of fund misappropriation or work non‑completion, and the petitioner has no prior criminal record. The court considered the inordinate delay, the nature of the alleged irregularity, and the petitioner's clean antecedent, and ordered that she be released on bail if arrested or she surrenders within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties. The bail is conditioned on compliance with Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S.

Issues considered

Whether bail should be granted despite the seriousness of the alleged offences under the IPC
Whether the nine‑year delay in lodging the FIR warrants a more lenient bail approach
Whether the petitioner’s lack of criminal antecedent and the nature of the alleged irregularity justify bail

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
delay
IPC sections 406 409 419 420 467 468 120B
Panchayat scheme irregularities
Section 438 CrPC
Section 482 B.N.S.S.
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7616 of 2026
                      Arising Out of PS. Case No.-175 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
                 Mustari Begam W/o- Majhar Ali @ Md. Majahar Ali R/v- Marar South PS-
                 Morkahi Dist- Khagaria.                              ... ... Petitioner/s
                                                Versus
                 The State of Bihar.                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends her arrest for the

                   offences punishable under Sections 406, 409, 419, 420, 467, 468

                   and 120B of the Indian Penal Code.

                                3. The allegation in the First Information Report is

                   that the accused persons including the present petitioner

                   committed certain irregularities in the implementation of the

                   various schemes of the Panchayat and also in the construction of

                   Panchayat Sarkar Bhawan.

                                4. Learned counsel for the petitioner submits that the

                   present case relates to an incident of the year 2016 for which an

                   F.I.R. has been lodged, after more than nine years, in the year

                   2025. Learned counsel for the petitioner further submits that

                   there is no allegation of any misappropriation or embezzlement

                   of fund rather also not that of non-completion of the work but
            Patna High Court CR. MISC. No.7616 of 2026(2) dt.04-02-2026
                                                        2/2




                      the allegation is confined to irregularity as the supply of

                      materials was taken from one Shadab Traders, who happens to

                      be the son of the petitioner. Further, the petitioner has no

                      criminal antecedent and undertakes to cooperate in the

                      investigation/trial and would not abscond or tamper with the

                      evidence.

                                   5.    Taking      into     consideration   the   facts   and

                      circumstances of the case and also considering the fact that the

                      present case relates to an irregularity having been committed in

                      the construction of Panchayat Sarkar Bhawan, the case has been

                      lodged after an inordinate delay and the petitioner is a lady who

                      has no criminal antecedent, let the above named petitioner, be

                      released on bail, in the event of her arrest or surrender before the

                      learned Court below within a period of four weeks from today,

                      on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/ successor

                      Court in connection with Morkahi P.S. Case No.175 of 2025,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C./482 (2) of the B.N.S.S.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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