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Patna High Court/29834/2025bail granted

Kumari Mamta v. The State Of Bihar

2026-02-23Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29834 of 2025 Arising Out of PS. Case No.-309 Year-2023 Thana- GUTHANI District- Siwan ====================================================== Kumari Mamta W/O Purushotam Prasad R/O Tali Branch, Post office BhayaMairwa, Police Station- Guthni, Distt.- Siwan, 841239. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Avinesh Kumar Singh S/o- Jagdish Prasad Singh R/o- Aagha Enclave, Vijay Bihar Colony PO- Danapur, PS- Rupaspur Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate Ms. Sheshadri Kumari, Advocate Mr. Shashank Kashyup, Advocate Mr. Jay Karn For the Opposite Party/s :

Mr. Shyameshwar Dayal For the UOI :

Mr. Amish Kumar, Advocate For the Informant :

Mr. Avinesh Kumar Singh, In Person ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2026 It has come to the notice that there is some typographical error in paragraph no. 3 of the order dated 17.02.2026.

2. In view of the above, let the paragraph no. 3 of the order dated 17.02.2026 be modified and be read as follows:- "3. Re-list this case on 23.02.2026."

3. Heard the learned counsels for the parties. The informant has appeared in person and has assisted this Court.

4. The petitioner apprehends arrest in connection with Guthni P.S. Case No. 309 of 2023 registered for offences under

Patna High Court CR. MISC. No.29834 of 2025(9) dt.23-02-2026 2/3 Sections 409 and 34 of the Indian Penal Code.

5. As per the prosecution case, the petitioner in connivance with Mr. Purushottam Praad, is alleged to have embezzled a total of Rs. 20,66,287/- from the Tali Branch Post Office.

6. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits that there is no defalcation by the petitioner and there is some wrong entry in the online mode in the head office and if it is compared with the offline mode, then the FIR will fall flat. He further submits that the petitioner, without accepting the guilt, offers to return an amount of Rs. 21 Lakh in the next two months in two equal installments.

7. Learned APP for the State and the learned counsel for the Union of India have vehemently opposed the prayer for bail. The learned counsel for the Union of India has submitted that the there is allegation of huge defalcation against the petitioner and her entire family.

8. Considering the facts and circumstances of the case and the submissions of the parties, this application for anticipatory bail is allowed.

9. Accordingly, let the petitioner, above-named, in the

Patna High Court CR. MISC. No.29834 of 2025(9) dt.23-02-2026 3/3 event of arrest or surrender within four weeks from today in the Court below, 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 learned A.C.J.M.-VII, Siwan/concerned Court below in connection with Guthni P.S. Case No. 309 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS with further condition that:- At the time of furnishing bail bonds, the petitioner shall produce a demand draft of Rs. 10.5 lakh. The bail bonds shall only be accepted upon production of the demand draft, and the petitioner shall be released on provisional bail. Upon payment of the full amount, the provisional bail granted to the petitioner shall be confirmed by the Court below.

(Sandeep Kumar, J) Shishir/- U T