Patna High Court
Bhola Prasad Bhagat @ Bhola PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the order rejecting anticipatory bail and granted provisional anticipatory bail subject to payment and bond conditions.
Summary
Bhola Prasad Bhagat was charged with selling land having a defective title, invoking IPC offences (420, 406, 504, 506, 354/34) and provisions of the SC/ST Act. He applied for anticipatory bail, which the District and Additional Sessions Judge rejected. The appellant contended that he was falsely implicated and offered to repay Rs. 4,50,000 to the complainant in ten equal installments of Rs. 50,000 each. The informant accepted this settlement offer. The Patna High Court, noting the settlement, set aside the lower court’s order and granted provisional anticipatory bail for nine months, conditioned on a bail bond of Rs. 10,000 with two sureties and the payment of the first installment in a demand draft, with the bail to be confirmed upon full payment of the agreed amount.
Issues considered
- Whether anticipatory bail can be granted in a case involving multiple IPC offences and the SC/ST Act when the parties have reached a monetary settlement.
- Whether the settlement and payment arrangement justify setting aside the lower court’s denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 354/34, 406, 420, 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(r)(s), 3(xii)
Subjects
- anticipatory bail
- settlement
- land dispute
- false implication
- SC/ST Act
- Criminal Procedure Code
- provisional bail
- IPC offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3406 of 2025
Arising Out of PS. Case No.-43 Year-2023 Thana- KHAGARIA COMPALINT CASE
District- Khagaria
======================================================
Bhola Prasad Bhagat @ Bhola Prasad S/O Late Saryug Bhagat R/O Mohalla
Anda Tola, Lohapatti, P.S.- Khagaria, Distt.- Khagaria
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Sarita Devi W/O Sanjay Kumar R/O Vill.- Shirniya Tola Harinmar, P.S.-
Harinmar, Dist.- Munger.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ranjeet Kumar Singh, Advocate
For the State : Ms.Usha Kumari 1, Spl.P.P.
For the Informant : Mr.Mritunjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
24.07.2025 passed by the learned District and Additional
Sessions Judge 1st- cum- Special Judge (SC/ST), Khagaria in
connection with Complaint Case No. 43C of 2023 registered for
the offence under Sections 420, 406, 504, 506, 354/34 of the
I.P.C. and under section 3 (xii), 3(i)(r) (s) of S.C/S.T. Act by
which anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, appellant is accused of
selling a land with a defective title to the complainant.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in this case and no offence
Patna High Court CR. APP (SJ) No.3406 of 2025(5) dt.13-03-2026
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under the provisions of SC/ST Act is made out in this case as
the appellant is ready to return the amount of Rs. 4,50,000/- in
equal installments of 50,000/- and therefore the application of
the anticipatory bail is maintainable.
5. Learned counsel for the informant submits that the
informant is ready to accept the payment in installments as paid
by the appellant.
6. In view of the settlement between the parties, this
application is allowed, the order dated 24.07.2025 passed by
the learned District and Additional Sessions Judge 1st- cum-
Special Judge (SC/ST), Khagaria in connection with Complaint
Case No. 43C of 2023 , is hereby set aside.
7. Let the appellant, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on provisional anticipatory bail
for a period of nine months from today on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned District and
Additional Sessions Judge 1st- cum- Special Judge (SC/ST),
Khagaria/concerned Court below in connection with Complaint
Case No. 43C of 2023, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Patna High Court CR. APP (SJ) No.3406 of 2025(5) dt.13-03-2026
3/3
Section 482 of the BNSS.
8. It is made clear that the provisional bail granted to
the appellant will be subject to the fact that he will pay Rs.
4,50,000/- to the complainant in nine monthly installments
which comes to around Rs. 50,000/- per installment and the bail
bonds of the appellant shall only be accepted if he produces a
demand draft of Rs. 50,000/- i.e. the first installment in the
name of the complainant. Once, the whole agreed amount of
Rs. 4,50,000/- is paid to the complainant then the provisional
anticipatory bail granted to the appellant shall be confirmed.
(Sandeep Kumar, J)
tusharika/-
U T
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