Patna High Court
Prince Gaurav @ Prince KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail with conditions, including payment of the settlement amount and furnishing of bail bonds.
Summary
The petitioner, Prince Gaurav, feared arrest in a criminal case (Barari P.S. Case No. 320 of 2023) involving offences under IPC sections 406, 420 and NI Act section 138. Both parties claimed the underlying dispute had been settled, with the petitioner agreeing to pay Rs. 4,28,000 to the informant. The petitioner applied for anticipatory bail, seeking protection from arrest. The High Court, after hearing, allowed the application, granting bail on the condition that the petitioner pays the settlement amount within four weeks and then furnishes a bail bond of Rs. 10,000 with two sureties, subject to CrPC sections 438(2) and 482. The order also stipulated that the petitioner shall not be arrested for the next four weeks pending compliance.
Issues considered
- Whether anticipatory bail can be granted in a case involving IPC sections 406, 420 and NI Act section 138.
- Whether a settlement between the parties affects the grant of bail.
- What conditions may be imposed on anticipatory bail under CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- settlement
- Criminal Procedure
- IPC 406
- IPC 420
- NI Act 138
- bail conditions
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36351 of 2025
Arising Out of PS. Case No.-320 Year-2023 Thana- BARARI District- Katihar
======================================================
Prince Gaurav @ Prince Kumar S/O Narendra Kumar @ Nagendra Singh @
Narendra Kumar Singh Resident of Mohalla- Hirdayganj (Sita- Ram
Mahavidyalaya), P.S- Katihar Sahayak, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Ajay Kumar S/O Sri Suresh Yadav R/O Village- Sikat, P.S- Barari, Distt.-
Katihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 26-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Barari P.S. Case No. 320 of 2023 registered for
the offence under Section 406, 420 of the Indian Penal Code and
under Section 138 of the N.I. Act.
3. It has jointly been submitted by the learned
counsel for the petitioner and learned counsel for the informant
that the dispute between the parties have been settled and as per
the terms of settlement, Rs. 4,28,000/- has to be paid to the
informant by the petitioner.
4. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.36351 of 2025(5) dt.26-02-2026
2/2
5. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-1st, Katihar/concerned Court below in
connection with Barari P.S. Case No. 320 of 2023, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
6. As a condition of this order, the petitioner will
pay Rs. 4,28,000/- to the opposite party no. 02 within four
weeks from today and then only he will furnish his bail bonds.
If he fails to pay to agreed amount to the informant then his bail
bonds shall not be accepted.
7.It is made clear that the petitioner will furnish his
bail bonds after four weeks from today and for the next four
weeks he shall not be arrested in connection with Barari P.S.
Case No. 320 of 2023.
(Sandeep Kumar, J)
Vikas/-
U
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