Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 31787 (PAT)

Md. Mumtaz v. The State of Bihar

CR. MISC./3313/2026 · 2026-02-02

Prabhat Kumar Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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, PS- Refinary, 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 2 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 This bail petition with respect to petitioner No. 2 is dismissed as withdrawn . 4.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 . Koushik/- (Prabhat Kumar Singh, J) U T