Patna High Court
Raju PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
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
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 323, 341, 406, 420, 504
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
2/3
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
Checking your session…