Md. Mumtaj v. The State Of Bihar

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 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 2/3

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