Patna High Court
Diwakar Kumar @ Diwakar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted conditionally, subject to payment of Rs 25 lakh by 12‑Nov‑2026, with cancellation if the payment is not made.
Summary
The petitioner, Diwakar Kumar (also known as Diwakar Sharma), sought relief from imminent arrest in a criminal case filed under IPC sections 406, 420, 504, 506 and 34, arising from a land‑sale dispute. The informant alleged that he paid Rs 25 lakh for land that had already been bequeathed to the petitioner, and that the sale deed was never executed nor the money refunded. The petitioner did not dispute the FIR but offered to repay the amount and requested six months to do so. The informant agreed that the offence was compoundable and would withdraw the criminal case and a related complaint under Section 138 of the NI Act if the money was returned. The Court, invoking its powers under Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs 5,000 with two sureties and mandated payment of the full Rs 25 lakh by 12‑Nov‑2026, failing which the bail would be cancelled.
Issues considered
- Whether anticipatory bail can be granted in a compoundable offence pending investigation
- Whether the Court can condition bail on the repayment of the disputed amount
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 34, 406, 420, 498A, 504, 506
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- compoundable offence
- land sale dispute
- recovery of money
- IPC
- Negotiable Instruments Act
- probate
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24277 of 2026
Arising Out of PS. Case No.-35 Year-2024 Thana- NAUBATPUR District- Patna
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Diwakar Kumar @ Diwakar Sharma son of Late Shiv Kumar Sharma R/o
Village- Goraila P.S. -Naubatpur District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Anjani Pd. Singh
For the Opposite Party/s : Mr.Anant Kumar 1, APP
Mr. Arun Kumar Mandal, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 11-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of the
informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 406, 420,
504, 506 and 34 of the IPC.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases but then one case was
instituted by the informant and the other case relates to Section
498A of the IPC but then the said issue has been resolved and the
informant alleges that on 22-3-2019, he along with his brother
entered into an agreement for sale for purchasing land measuring 3
acres 2 ½ decimal with Shiv Kumar Sharma and paid an amount of
Rs. 25 lakh, further the petitioner being son of Shiv Kumar
Patna High Court CR. MISC. No.24277 of 2026(4) dt.11-05-2026
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Sharma signed as a witness on the agreement for sale, being aware
of the fact that the land had already been bequeathed in favour of
the petitioner by his grandfather in the year 2014 for which
Probate Case No. 50 of 2015 was filed, further the accused persons
neither executed the sale deed nor refunded the money.
4. Learned counsel for the petitioner submits that
petitioner is not disputing the allegations as alleged in the FIR and
is ready to repay the amount of Rs. 25 lakh, but then submits that
six months time be granted.
5. Learned counsel appearing on behalf of the informant
does not dispute the said submission of the learned counsel
appearing on behalf of the petitioner. It is next submitted that the
offence is compoundable and if petitioner will return the amount
of Rs. 25 lakh, in that event the informant will withdraw both the
cases, i.e., the instant case and the Complaint Case No.
9407(c)/2022 registered under section 406 IPC and 138 of NI Act
pending in the court of learned Judicial Magistrate, 1 st Class,
Patna.
6. After hearing the learned counsel for the parties, the
petitioner above-named, in the event of his arrest or surrender
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
Patna High Court CR. MISC. No.24277 of 2026(4) dt.11-05-2026
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amount each to the satisfaction of the learned trial court where the
case is pending/successor court in connection with Naubatpur P.S.
Case No. 35 of 2024, subject to the conditions as laid down under
Section 482 (2) of the BNSS.
7. It is made clear that if on or before 12-11-2026 the
petitioner pays the entire amount of Rs. 25 lakh as agreed before
this Court, in that event, the learned trial court shall confirm the
provisional anticipatory bail of the petitioner, but if the entire
amount of Rs. 25 lakh is not paid on or before 12-11-2026, in that
event, the learned trial court shall forthwith cancel the provisional
anticipatory bail of the petitioner.
8. At this stage, the learned counsel for the informant
also submits that he will WhatsApp the bank account number of
the informant on the WhatsApp number of the learned counsel for
the petitioner and the learned counsel for the petitioner undertakes
to communicate the same to the petitioner so that the money is
credited in the account of the informant.
(Satyavrat Verma, J)
Sumit/-
U T
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