Patna High Court
Krishna Kumar @ Rajkishore SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court upheld the compromise, granted bail subject to the stipulated payment schedule and conditions, and ordered cancellation of the bail bond upon non‑compliance.
Summary
The petitioner, Krishna Kumar, was named in an FIR for offences under Sections 420, 406, 467, 468, 508 and 34 of the IPC. The parties reached a compromise, with the petitioner agreeing to pay a total of Rs. 13 lakh in installments to the complainant. The court directed a payment schedule of Rs. 2 lakh each for March to July 2026 and Rs. 1 lakh in August, to be paid by the 7th of the following month. In view of the compromise, the petitioner was released on bail upon furnishing a Rs. 10,000 bond with two sureties, subject to conditions under Section 482(2) of BNSS, and warned that non‑compliance would lead to cancellation of the bail bond. The complainant was also ordered to produce the bank receipt for the Rs. 3 lakh already paid.
Issues considered
- Whether a compromise is permissible in a case involving offences under Sections 420, 406, 467, 468, 508 and 34 IPC
- Whether bail can be granted subject to a payment schedule and conditions under Section 482(2) of BNSS
- Effect of non‑compliance with the payment undertaking on the bail bond
Legislation cited
- BNSS — s. 482
- Indian Penal Code — s. 34, 406, 420, 467, 468, 508
Subjects
- compromise
- bail
- IPC offences
- payment schedule
- Section 482(2) BNSS
- non‑compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29649 of 2024
Arising Out of PS. Case No.-220 Year-2023 Thana- MAJHAULIA District- West Champaran
======================================================
Krishna Kumar @ Rajkishore Sharma son of Motilal Sharma village-
Mahuawa W. No-8, Ps- Chanpatia Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Pandey, Adv.
Mr. Nitish Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
18 19-01-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Majhauliya P.S.
Case No. 220 of 2023 registered for the offences punishable
under Sections 420, 406, 467, 468,508 and 34 of IPC.
3. It is jointly submitted by learned counsel
appearing for the parties that matter between the parties
appears compromised in terms of order dated 09.09.2025 of
this Court. In furtherance of aforesaid, cash of Rs. 3 lakh was
paid to complainant namely, Manif Alam, son of Ali Sher Miya,
holder of Adhaar no. 3948 9507 0723, who received cash of
Rs 3 lakhs from the petitioner’s advocate for the reason that
Patna High Court CR. MISC. No.29649 of 2024(18) dt.19-01-2026
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the cheque which was given in terms of undertaking dated
30.08.2025 bearing no. 744499 upon presentation before
concerned bank was dishonored.
4. Mr. Shashi Bhushan Pandey, learned counsel
appearing on behalf of the petitioner made statement at bar
that balance amount of Rs. 11 lakhs shall be paid by
petitioner starting from March, 2026 in six installments,
where first five installments shall be of Rs. 2 lakh each and
last installment will be of Rs. 1 lakh.
5. In view of aforesaid statement and in terms of
compromise, the petitioner is directed to pay the installment
of Rs. 2 lakh each for the March, April, May, June and July,
2026 to the complainant and one lakh in month of August.
Payment shall be made positively by seventh day of english
calender month of the next month, for illustration, the
payment of March, 2026 shall be paid by 7 th of April, 2026.
The last payment of Rs. 1 lakh be paid to complainant on or
before 7th day of August.
6. In view of aforesaid considering the compromise
as arrived between the parties as discussed aforesaid,
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petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM,
West Champaran at Bettiah /concerned Court, where the case
is pending in connection with Majhauliya P.S. Case No. 220 of
2023, subject to the conditions as laid down under Section
482(2) of BNSS.
7. It is made clear to learned trial court that in case
of non-compliance of the aforesaid undertaking of petitioner,
the bail bond of petitioner shall be canceled.
8. Complainant is also directed to produce bank
receipt of Rs. 3 lakh deposited with the bank what he received
in cash today before the learned Trial court.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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