Patna High Court
Shaligram Choudhary @ Shaligram ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail may be granted where the dispute has been settled by mediation and the petitioner is unlikely to flee or tamper with evidence.
Summary
Shaligram Choudhary, the petitioner, was accused of misappropriating funds from a petrol pump and faced a complaint under several IPC sections including 420 and 406. He applied for anticipatory bail, asserting that the dispute had been amicably settled through mediation, with a written Memorandum of Agreement and a payment offer of Rs. 5,00,000 accepted by the opposite party. The court noted that both parties confirmed the settlement and that the matter had been referred to the Patna High Court Mediation & Conciliation Centre. Relying on the settlement and the provisions of Section 438(2) of the CrPC, the court granted anticipatory bail, subject to a bail bond and compliance with the settlement terms. The order directs that the bail be conditioned on a bond of Rs. 10,000 with two sureties and adherence to the memorandum, failing which the bail may be cancelled.
Issues considered
- Whether anticipatory bail can be granted when the parties have settled the dispute through mediation
- Whether Section 438(2) of the CrPC is applicable in a complaint case involving multiple IPC offences
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 34, 384, 406, 420, 504, 506
Subjects
- anticipatory bail
- mediation
- settlement
- CrPC Section 438
- IPC offences
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49736 of 2025
Arising Out of PS. Case No.-600 Year-2023 Thana- SAHARSA COMPLAINT CASE
District- Saharsa
======================================================
Shaligram Choudhary @ Shaligram Chaudhary S/O Late Ram Chandra
Chaudhari @ Ramchandra Choudhary @ Ramchandra Choudhary Resident of
Village- Patori, Ward No. 03, P.S- Bihra, District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ashutosh Kumar Jha S/O Late Shaktinath Jha R/O Village- Panchagachhiya,
Ward No. 7, P.S- Bihra, Dist.- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
Mr. Chandra Mohan Jha, Adv.for OP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 08-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for opposite party no. 2.
2. The petitioner apprehends his arrest in a complaint
case punishable for the offence under Sections 420, 406, 384,
323, 504, 506, 34 of the Indian Penal Code.
3. Allegation against petitioner is that he was manager
of complainant’s petrol pump and has misappropriated huge
amount from the petrol pump.
4. At the outset, learned counsel for the petitioner
submits that the dispute between the parties has been settled
amicably through the process of mediation and for this, the
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petitioner offered to pay Rs. 5,00,000/- (Rupees five lakhs) in
four installments and opposite party no. 2 has accepted the offer
and gave his consent.
5. Learned counsel for the opposite party no. 2 does
not dispute and confirms the fact regarding settlement entered
into between the parties.
6. Here, it is relevant to mention that earlier, with
consent of the parties, the matter was referred to Mediation &
Conciliation Centre of Patna High Court to explore the
possibility of settlement between the parties, which has been
resolved in terms of Memorandum of Agreement annexed with
Mediator’s report.
7. Considering the fact that dispute between the
parties has been resolved, the prayer for anticipatory bail of
petitioner is allowed.
8. Let the petitioner, as named above, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Saharsa in connection with
Complaint Case No. 600-C of 2023, subject to condition as laid
down under Section 438(2) of the Code of Criminal Procedure
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with further condition that petitioner shall abide by all the
terms & conditions, mentioned in Memorandum of
Agreement, failing which, learned Court concerned shall be at
liberty to cancel the bail-bond of petitioner.
(Prabhat Kumar Singh, J)
anay
U T
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