Patna High Court
Vivek kumar Sharma @ Vivek Ramvriksha SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court ordered that the petitioner may be released on bail of Rs.10,000 with two sureties if the complainant accepts the compromise, otherwise the case shall proceed as per law.
Summary
The petitioner, Vivek Kumar Sharma, feared arrest in a criminal case (Sadar P.S. Case No. 538 of 2022) involving offences under Sections 406 and 420 of the Indian Penal Code. He contended that the dispute had been settled between him and the complainant. The learned counsel for the petitioner sought relief, while the State’s counsel appeared as an APP. The High Court disposed of the application, granting the petitioner liberty to move before the lower court for bail. The court directed that if the complainant accepts the compromise, the petitioner should be released on bail with a bond of Rs.10,000 and two sureties; if the compromise is rejected, the lower court must proceed according to law.
Issues considered
- Whether bail can be granted when the parties claim a compromise in offences under IPC Sections 406 and 420
- Whether the acceptance of a compromise by the complainant can condition the release of the accused on bail
Legislation cited
- Indian Penal Code — s. 406, 420
Subjects
- bail
- compromise
- settlement
- IPC 406
- IPC 420
- criminal breach of trust
- cheating
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55163 of 2025
Arising Out of PS. Case No.-538 Year-2022 Thana- PURNEA SADAR District- Purnia
======================================================
Vivek kumar Sharma @ Vivek Ramvriksha Sharma S/O Ramvriksha Sharma
R/O Flat No. 301, C, Building No. 10, Shital Apartment Chikholi Ambernath
West, P.S- Thane, Distt.- Thane (Maharastra), Presently residing at Rambagh,
Purnisa, P.S- Sadar, Dist.- Purnia, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Sadar P.S. Case No. 538 of 2022 for the
offences under Sections 406 and 420 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the
matter has been settled between the complainant and the
accused (petitioner).
4. In these circumstances, this application is disposed
of with liberty to the petitioner to move before the court below
for bail.
5. The court below is directed that if the complainant
accepts the compromise petition/ settlement then the petitioner
Patna High Court CR. MISC. No.55163 of 2025(3) dt.10-03-2026
2/2
shall be released on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court below in connection with the
aforementioned case and in case, the compromise is denied by
the complainant then appropriate order shall be passed in
accordance with law by the court below.
(Sandeep Kumar, J)
tusharika/-
U T
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