Created by Fuzzy Cloud

Patna High Court

Urmila KuerversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bond, sureties and the condition that the informant may seek cancellation if the settlement is not fulfilled.

Summary

The petitioners, Urmila Kuer and Gautam Kumar Singh, were accused of offences under Sections 406, 420, 120B, 467, 468 and 471 of the Indian Penal Code in a land‑sale dispute. They had previously filed three anticipatory bail applications, the first of which was withdrawn, the second granted with a condition to surrender after repaying the informant, and the third dismissed for failure to comply. The petitioners now claim the dispute is settled, having repaid Rs.12 lakhs to the informant, and seek fresh anticipatory bail. The State opposed, but accepted that the matter is resolved. The Court, applying Section 438(2) of the Criminal Procedure Code, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and allowed the informant to move for cancellation if the settlement is not honoured. The order thus releases the petitioners from arrest unless the conditions are breached.

Issues considered

  • What is the appropriate exercise of discretion by the Court in granting anticipatory bail when the dispute underlying the criminal allegations has been settled?
  • Whether the petitioners are entitled to anticipatory bail despite previous non‑compliance with earlier bail conditions?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Indian Penal Code
  • land dispute
  • settlement
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23299 of 2026
                   Arising Out of PS. Case No.-219 Year-2023 Thana- MADANPUR District- Aurangabad
                 ======================================================
           1.     Urmila Kuer Son of Late Kailash Singh R/o Village - Kushaha, P.S. -
                  Madanpur, Dist. - Aurangabad(BIhar).
           2.    Gautam Kumar Singh @ Gautam Kumar @ Gautam Singh Son of Late
                 Kailash Singh R/o Village - Kushaha, P.S. - Madanpur, Dist. -
                 Aurangabad(BIhar).

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Smt. Anamika Singh Wife of Chandan Kumar Singh R/o Village - Pena, P.S.
                 - Madanpur, P.O. - Dumari Belwa, Dist. - Aurangabad.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailesh Kumar Singh
                 For the Opposite Party/s :      Ms. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-05-2026                  1. Heard learned counsel for the petitioners and the

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 406, 420,

                   120B, 467, 468 and 471 of the Indian Penal Code.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent. It is next

                   submitted that petitioners had earlier moved this Court seeking

                   anticipatory bail by filing Cr. Misc. No.58179 of 2023 and the

                   same was permitted to be withdrawn by an order dated

                   01.05.2024 but thereafter Urmila Kuer again filed Cr. Misc.
Patna High Court CR. MISC. No.23299 of 2026(2) dt.08-05-2026
                                            2/3




          No.56621 of 2024 and the same came to be allowed by an order

          dated 12.09.2024 with certain conditions, as Urmila Kuer before

          the court had accepted that the land has been sold and she is

          willing to repay the amount to the informant, for which, she had

          given an undertaking that at the time of surrender, in terms of

          the order dated 12.09.2024, the amount shall be paid to the

          informant but then Urmila Kuer was not in a position to arrange

          the amount for giving it to the informant hence could not

          surrender within the time stipulated in the order dated

          12.09.2024 in Cr. Misc. No.56621 of 2024. It is further

          submitted that thereafter Urmila Kuer filed Cr. Misc. No.80735

          of 2024, seeking extension of time for surrender but then the

          same also came to be dismissed by an order dated 06.12.2024,

          as such, it is submitted that this is the third anticipatory bail

          application of Urmila Kuer and second anticipatory bail

          application of Gautam Kumar. It is next submitted that

          petitioners and informant are related and the dispute is with

          respect of selling of land and the petitioners were willing to

          return the amount but then could not arrange the amount in time

          hence could not surrender but now petitioners have repaid the

          entire amount of Rs.12 lakhs to the informant and in support of

          the same, a supplementary affidavit has been filed along with a
           Patna High Court CR. MISC. No.23299 of 2026(2) dt.08-05-2026
                                                       3/3




                     joint compromise petition filed by the parties before the learned

                     trial court on 09.03.2026.

                                  4. Learned APP also fairly submits that since the

                     dispute stands resolved, hence sending the petitioners to jail

                     would be an empty formality.

                                  5. After hearing the learned counsel for the parties, the

                     petitioners above-named, in the event of their arrest or surrender

                     before the learned trial court within a period of fourteen weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     trial court where the case is pending/successor court in

                     connection with Madanpur P.S. Case No. 219 of 2023, subject to

                     the conditions as laid down under Section 438 (2) of the Cr.P.C.

                                  6. However, the informant would be at liberty to file

                     an application seeking cancellation of anticipatory bail granted

                     to the petitioners, in the event, if the case has not been

                     compromised and the amount of Rs. 12 lakhs has not been paid

                     to the informant, as recorded in the supplementary affidavit.



                                                     (Satyavrat Verma, J)
amit/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.