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Patna High Court

Sagar KashyapversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.18689 of 2026(3) dt.07-05-2026
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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
Patna High Court CR. MISC. No.18689 of 2026(3) dt.07-05-2026
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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
              Patna High Court CR. MISC. No.18689 of 2026(3) dt.07-05-2026
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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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