Prabhakar SinghversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4794 of 2025
                 Arising Out of PS. Case No.-151 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Prabhakar Singh S/O Late Hareram Singh R/O Vill.- Katalpur, P.S.-
                 Baikunthpur, Distt.- Gopalganj.

                                                                               ... ... Appellant/s
                                                     Versus
           1.    The State of Bihar
           2.    Lallan Ram S/O Late Jinath Ram R/O Village- Singhwalia, P.S-
                 Mahmadpur, Distt.- Gopalganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Dewanand Tiwari, Advocate
                 For the Respondent/s   :       Ms. Usha Kumari 1, SPP
                 For the Respondent No.2:       Mr. Pankaj Kumar Dubey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   25-06-2026                  Heard Mr. Dewanand Tiwari, learned counsel for the

                   appellant, Mr. Udheshya Kr. Yadav, learned counsel appearing

                   on behalf of the Respondent No. 2 as well as Ms. Usha Kumari

                   1, learned Spl.P.P. for the State.

                               2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 14.11.2025

                   passed by the learned Court of District & Additional Sessions

                   Judge XI-cum-Special Judge, (SC/ST), Gopalganj in connection

                   with Mohammadpur P.S. Case No. 151 of 2025, F.I.R. dated

                   28.03.2025 registered under Sections 318(4) and 308(2) of the

                   BNS, 2023 and Sections 3(1) (r), 3 (1) (s) of the Scheduled

                   Castes and Scheduled Tribes Act (Prevention of Atrocities) Act.
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                       3. According to the prosecution case, the petitioner

          took the consideration amount of Rs. 8,50,000/- from the

          Respondent No. 2 but neither executed the sale deed in favour

          of him nor returned the said amount.

                       4. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. He further submits that earlier the appellant has

          been granted provisional bail in this case vide order dated

          03.02.2026 for a period of three months to settle the dispute

          with Respondent No. 2 and the matter was referred to the

          Mediation Center. But despite the appellant's best efforts,

          mediation could not be succeeded and it has been failed. He

          further submits that it appears from the FIR that the present

          matter is purely a civil matter. Learned counsel further submits

          that he has filed supplementary affidavit stating therein that the

          appellant has surrendered in the present case after expiry of the

          provisional bail on 20.06.2026. Apart from that, the appellant

          has stated in the paragraph no. 8 of the supplementary affidavit

          that on different dates he has paid Rs. 2,11,000/- (Two lakhs and

          eleven thousand) to the Respondent No. 2 and his wife. He

          further submits that as per instruction, the appellant has received

          total Rs. 4,50,000/- (Four lakhs and fifty thousand) from the
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          Respondent No. 2 and now he is ready to return the same within

          a period of two months.

                       5. Learned counsel appearing on behalf of the

          Respondent No. 2 as well as learned Special Public Prosecutor

          for the State have vehemently opposed the prayer for bail of the

          appellant on the ground that the appellant carries six criminal

          antecedents other than the present one.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the appellant, above named, 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

          learned Court of District & Additional Sessions Judge XI-cum-

          Special Judge, (SC/ST), Gopalganj in connection with

          Mohammadpur P.S. Case No. 151 of 2025, with other following

          conditions:-

                       i. Appellant shall furnish a demand draft of Rs.

          4,50,000/- (Four lakhs and fifty thousand) in favour of the

          Respondent No. 2 within a period of two months. And if the

          appellant fails to comply with the aforesaid order within the

          stipulated time then the Respondent No. 2 has liberty to move

          before the appropriate forum for cancellation of the bail bond of

          the appellant. And rest of the amount will be the outcome of the
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                      present case.

                                   ii. Appellant shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   iii. If the appellant tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iv. And further condition that the court below shall

                      verify the criminal antecedent of the appellant and in case at

                      any stage it is found that the appellant have concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the appellant. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.

                                   7. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T