Patna High Court
Sagar KashyapversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted provisional bail to the petitioner subject to payment of a cash bond, sureties, and compliance with the stipulated installment schedule, with confirmation of bail upon full settlement of the compromise amount.
Summary
The petitioner, Sagar Kashyap, was arrested in connection with a land‑sale fraud alleged under Sections 316(2), 318(4), 338, 336(3), 340(2), 351(2) of the BNS and Section 138 of the Negotiable Instruments Act. The prosecution alleged that he obtained an advance of Rs 26,80,000 and an additional Rs 3,00,000 from the informant but failed to execute the sale deed or deposit court fees, thereby cheating the informant of Rs 22,00,000. The petitioner offered to settle the dispute by paying the full amount in installments and filing a joint compromise petition, an offer accepted by the informant’s counsel. The court considered the compromise offer, the petitioner’s undertakings, and the consent of the informant, and ordered provisional bail on payment of a cash bond and two sureties. The bail was conditioned on payment of Rs 2,00,000 at the time of furnishing bail bonds and subsequent installments of Rs 10,00,000 each within specified periods, after which the bail would be confirmed upon full payment of the settlement amount.
Issues considered
- Whether the petitioner is entitled to regular/provisional bail in a fraud case involving multiple offences.
- Whether a compromise settlement between the parties can be a basis for granting bail.
Legislation cited
- BNS — s. 316(2), 318(4), 336(3), 338, 340(2), 351(2)
- Negotiable Instruments Act — s. 138
Subjects
- bail
- provisional bail
- fraud
- land sale
- compromise settlement
- Negotiable Instruments Act
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18689 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
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Sagar Kashyap S/o Late Sushil Jha R/o Indraprasth Colony, Lichi Bagan, P.S.-
Ishakchak, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Singh, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
For the Informant : Mr. Kalika Nand Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ishakchak P.S. Case No.
185 of 2025 registered for the offences punishable under
Sections 316(2), 318(4), 338, 336(3), 340(2) and 351(2) of the
BNS., and Section 138 of the NI Act.
3. As per the prosecution case, the petitioner took the
informant into confidence and prepared an agreement for the
sale of a certain piece of land. It is alleged that the deal was
finalized for a consideration amount of Rs. 39,00,000/-,
pursuant to which an advance amount of Rs. 26,80,000/- was
paid. It is further alleged that an agreement for sale was
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executed on 07.09.2024. It has also been alleged that the
petitioner took an additional sum of Rs. 3,00,000/- for getting
the land registered, preparing the sale deed, and depositing the
court fees. However, neither was the sale deed executed nor
were the court fees deposited. It is further alleged that the
registration was deferred on several occasions on the basis of
false documents. Thus, it is alleged that the petitioner
fraudulently grabbed a total amount of Rs. 22,00,000/-.
4. Learned counsel for the petitioner, upon
instructions, has submitted that, without going into the merits of
the case, the petitioner has offered to pay the total amount of Rs.
22,00,000/- by way of compromise and final settlement between
the parties. It has further been offered that an amount of Rs.
2,00,000/- shall be paid at the time of furnishing bail bonds,
thereafter the second installment of Rs. 10,00,000/- shall be paid
within three months from his release from custody, and the final
amount of Rs. 10,00,000/- shall be paid within a further period
of three months thereafter. It has further been submitted that,
after payment of the entire dues of Rs. 22,00,000/-, the parties
shall file a compromise petition before the court below.
5. The offer made by learned counsel for the
petitioner has been accepted by learned counsel for the
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informant, who has submitted that the petitioner should pay the
amount of Rs. 22,00,000/- within the period undertaken by him.
Learned counsel for the informant has also submitted that, after
payment of the entire dues, both parties would take steps for
filing a joint compromise petition before the court below and for
disposal of the case on the basis of the compromise.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case
and the undertakings of the petitioner and also consent of the
learned counsel for the informant, let the petitioner above-
named, be enlarged on Provisional Bail upon payment of Rs.
2,00,000/- at the time of furnishing bail-bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Court concerned, Bhagalpur,
in connection with Ishakchak P.S. Case No. 185 of 2025.
8. The application stands allowed.
9. The petitioner is directed to pay an amount of Rs.
10,00,000/- within three months from the date of his release
from judicial custody, and only thereafter shall the provisional
bail be extended for a further period of three months. The
petitioner is further directed to pay the last installment of Rs.
10,00,000/- within the next three months thereafter. If the entire
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dues of Rs. 22,00,000/- are paid as mutually agreed between the
parties, the provisional bail granted to the petitioner shall be
confirmed.
(Praveen Kumar, J)
Jyoti/-
U T
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