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Patna High Court

Raju PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted provisional anticipatory bail to the petitioner subject to payment of the disputed amount and compliance with bail bond conditions.

Summary

Petitioner Raju Paswan faced arrest in a complaint alleging he obtained a Rs.90,000 loan for his wife's treatment in 2015 and later defaulted, invoking sections 406, 420, 341, 323 and 504 IPC. He contested the allegation, presenting a marriage invitation card showing he married in 2023, thereby challenging the claim of a 2015 medical need. The parties negotiated a settlement whereby the petitioner agreed to repay the full amount in two installments and the complainant consented to withdraw the case upon receipt. The High Court, considering the settlement and the petitioner's bona‑fide conduct, provisionally granted anticipatory bail subject to a bail bond, payment schedule, and verification by the trial court. The court directed the petitioner to pay the amount within seven months, file an affidavit, and the trial court to confirm the bail after verifying payment and withdrawal, thereby disposing of the application.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged cheating and criminal offences under the IPC.
  • Whether a settlement and repayment undertaking affect the grant of anticipatory bail.
  • Whether the court can exercise its inherent powers under Section 482 CrPC in granting provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • settlement
  • loan dispute
  • false allegation
  • Criminal Procedure Code
  • Indian Penal Code
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54903 of 2025
                  Arising Out of PS. Case No.-507 Year-2024 Thana- BHABHU(KAIMUR) COMPLAIN C
                                                District- Kaimur (Bhabua)
                 ======================================================
                 Raju Paswan

                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rakesh Kumar Mishra
                 For the Opposite Party/s :     Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

6   13-01-2026                  Both the parties along with their respective counsel

                   are present in Chamber proceeding.

                                2.     The petitioner is apprehending his arrest in

                   connection with Complaint Case No. 507 of 2024 for the

                   offences punishable under Sections 406, 420, 341, 323 and 504

                   of the Indian Penal Code.

                                3. As per prosecution story, the complainant gave a

                   friendly loan of Rs. 90,000/- to the petitioner for treatment of

                   his wife but the subsequently petitioner denied to return the

                   same.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has falsely been implicated in this

                   case. As      per     complaint petition, the     petitioner    took Rs.

                   90,000/- for treatment of his wife in the year 2015, but the
Patna High Court CR. MISC. No.54903 of 2025(6) dt.13-01-2026
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          petitioner has brought on record the invitation card of his

          marriage as Annexure-P/2 which clearly suggests that he got

          married in the year 2023, which clearly falsify the allegation as

          alleged in the complaint petition.

                       5. However, after negotiations, both parties have

          agreed to settle their dispute amicably. Petitioner himself

          undertakes to pay the entire amount of Rs. 90,000/- in two

          installments by way of Demand Draft within a period of seven

          months. The first installment of Rs. 45,000/- will be paid at the

          time of furnishing the bail bond, and the second installment of

          Rs. 45,000/- will be paid within a period of seven months. The

          petitioner further undertakes to file an affidavit before the Trial

          Court at the time of furnishing the bail bond, affirming the

          payment of Rs. 90,000/-. The complainant has also agreed to

          withdraw the case upon receipt of the entire amount of Rs.

          90,000/-.

                       6. Keeping in view the aforesaid facts, and bona fide

          conduct of the petitioner, this Court is inclined to grant him the

          privilege of anticipatory bail provisionally.

                       7. Petitioner is directed to pay entire amount i.e. Rs.

          90,000/- to the complainant within a period of seven months

          from the date of receipt of this order and to file an affidavit
           Patna High Court CR. MISC. No.54903 of 2025(6) dt.13-01-2026
                                                       3/3




                     before the Trial Court regarding the payment of Rs. 90, 000/-.

                                  8. Let the petitioner be released on provisional bail in

                     the event of arrest or surrender within a period of four weeks

                     from the date of receipt of this order, on furnishing bail bond of

                     Rs. 10,000/- (Ten thousand) each with two sureties of like

                     amount each to the satisfaction of learned Judicial Magistrate

                     First Class, Kaimur at Bhabhua in connection with Complaint

                     Case No. 507 of 2024 subject to the conditions as laid down

                     under Section 482 of B.N.S.S., as also with the condition that

                     one of the bailors should be close relative of the petitioner.

                                  9. Trial Court is directed to confirm the provisional

                     bail granted to the petitioner after verifying the deposit receipts

                     of payment of the entire amount i.e. Rs. 90,000/- by the

                     petitioner to the Complainant. Trial Court will also verify the

                     withdrawal of pending cases between both the parties.

                                  10. Accordingly, the instant application stands

                     disposed of.



                                                (S. B. Pd. Singh, J)

Ankit Kumar/-

U      T


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