Md. Mumtaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3313 of 2026 Arising Out of PS. Case No.-120 Year-2025 Thana- Refinery District- Begusarai ====================================================== 1 .

Md. Mumtaz S/o Md. Isamul R/o Village- Chakballi, Ward No 17, PSRefinary, District- Begusarai 2.

Md. Imran @ Situ @ Sittu S/o Md. Mumtaz R/o vill - Chakballi, ward no. 17, P.S.- Refinery, Distt.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam , Advocate For the Opposite Party/s :

Mr. Yogendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2026 At the outset, learned counsel for the petitioners seek permission to withdraw the pre-arrest bail petition of petitioner No. 2.

2. Permission is accorded.

3 . This bail petition with respect to petitioner No. 2 is dismissed as withdrawn .

4. Heard learned counsel for petitioner No. 1 and learned A.P.P. for the State .

5 . The petitioner apprehends arrest in a complaint case punishable for the offence under Sections 126 ( 2 ), 115

Patna High Court CR. MISC. No.3313 of 2026(2) dt.02-02-2026 2/3 ( 2 ), 118 (1) , 303 ( 2 ), 351 ( 2 ) (3) , 117 ( 2 ), 352 and 3 (5) of BNS.

6. As per F.I.R. all the named accused persons including this petitioner came and committed maarpeet with informant and also snatched gold chain from him. It is further alleged that co-accused Md. Imran assaulted on the head of informant by means of knife .

7. It is submitted on behalf of petitioner that specific accusation of assault is against other co-accused persons. So far as this petitioner is concerned, no specific overt act is alleged against him. F.I.R. has been lodged after the delay of 2 days for which there is no plausible explanation . Rest of the allegations are ornamental in nature to make the case grave . Petitioner claims clean antecedent.

8 . Learned A.P.P. for the State opposed the prayer for anticipatory bail of petitioner.

9. However, considering the aforesaid facts and circumstances, let the above named petitioner No. 1 in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Begusarai in

Patna High Court CR. MISC. No.3313 of 2026(2) dt.02-02-2026 3/3 connection with Refinery Case No. 120 of 2025, subject to condition as laid down under Section 482 (2) of BNSS 2023 . (Prabhat Kumar Singh, J) Koushik/- U T