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Patna High Court

Shaligram Choudhary @ Shaligram ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.49736 of 2025(4) dt.08-01-2026
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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
           Patna High Court CR. MISC. No.49736 of 2025(4) dt.08-01-2026
                                                       3/3




                     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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