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Patna High Court

VINDHYACHAL TIWARY @ BINDHYACHAL TIWARI @ BINDHYACHAL TIWARYversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                          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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