Patna High Court
VINDHYACHAL TIWARY @ BINDHYACHAL TIWARI @ BINDHYACHAL TIWARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to payment conditions and compliance with Sections 438(2) and 482 of the CrPC.
Summary
The petitioners, Bindhyachal Tiwary and Anita Kumari, feared arrest in a 2018 complaint (Case No. 3850) alleging cheating of Rs 5 lakhs and offences under IPC sections 406 and 420/34. They claimed innocence and offered to repay the alleged amount in six equal installments of Rs 83,333 each. The court, after hearing counsel, allowed their anticipatory bail application, directing a bail bond of Rs 10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the CrPC. A condition was imposed that the first installment be paid before the bail bonds are accepted, with the balance to be paid within six months of release; failure to do so would result in cancellation of bail. Consequently, the petitioners were granted provisional anticipatory bail pending compliance with these conditions.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged cheating and criminal breach of trust under IPC sections 406 and 420/34.
- Whether the court may condition anticipatory bail on the payment of the alleged amount in installments.
- Whether Sections 438(2) and 482 of the Code of Criminal Procedure empower the court to grant such bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- anticipatory bail
- cheating
- criminal breach of trust
- IPC sections 406, 420, 34
- bail conditions
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54775 of 2023
Arising Out of PS. Case No.-3850 Year-2018 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
1. VINDHYACHAL TIWARY @ BINDHYACHAL TIWARI @
BINDHYACHAL TIWARY Son of Late Radheshyam Tiwari R/o - SIDDHI
VINAYAK APARTMENT 1ST FLOOR NEAR KALI MANDIR
HANUMAN NAGAR KANKARBAGH PS PATRKARNAGAR, DISTT. -
PATNA
2. Anita Kumari @ Anita Devi Wife of Bindhyachal tiwari @ Vindhyachal
tiwary R/o - SIDDHI VINAYAK APARTMENT 1ST FLOOR NEAR KALI
MANDIR HANUMAN NAGAR KANKARBAGH PS PATRKARNAGAR,
DISTT. - PATNA
... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalmuni Devi W/o Tarkeshwar Sharma R/o vill - Haraji, P.s. - Awtar Nagar,
Distt. - Saran, Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Swetabh
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-02-2026 Heard the parties including the learned counsel for
the opposite party no. 02 Mr. Sambhu Pd. Yadav.
2. The petitioners apprehend their arrest in
connection with Complaint Case No. 3850 of 2018 registered
for the offence under Sections 406 and 420/34 of the Indian
Penal Code.
3. As per the prosecution case, the dispute between
the petitioner and informant is of cheating of Rs. Five lakhs by
the petitioners.
Patna High Court CR. MISC. No.54775 of 2023(4) dt.09-02-2026
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4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
petitioners are ready to return the alleged amount of Rs. Five
Lakhs to the complainant within a period of six months in six
equal installments which comes to Rs. 83,333/-.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest, be released on anticipatory bail upon furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the jurisdictional
investigating officer in connection with Complaint Case No.
3850 of 2018, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
7. As a condition of this order, the Court below,
before accepting the bail bonds of the petitioners, is directed to
accept the bail bonds of the petitioners only after first
installments is paid to the complainant. After release, the
petitioners are directed to pay the balance amount within six
months from the date of his release. After payment of the entire
Patna High Court CR. MISC. No.54775 of 2023(4) dt.09-02-2026
3/3
amount of Rs. 5,00,000/-, the provisional anticipatory bail
granted to the petitioner will be confirmed by the Court below
itself. It is made clear that if the petitioners will fail in payment
of the balance amount within six months from the date of their
release then the bail bonds of the petitioners shall be cancelled.
(Sandeep Kumar, J)
Vikas/-
U
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