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Patna High Court

Harindar Mishra @ Harendra MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants anticipatory bail to the petitioner, subject to specified monetary and procedural conditions.

Summary

Harindar Mishra sought anticipatory bail fearing arrest in a West Champaran complaint (Case No. 2562(C) of 2023) alleging offences under IPC sections 420, 406 and 384/34 for allegedly taking an informant's money. The prosecution opposed bail, while the petitioner claimed innocence and offered to pay the remaining Rs.1,10,000 in three installments. The court examined the nature of the allegations and the petitioner's willingness to make payment, and decided to grant anticipatory bail. Bail was conditioned on furnishing a Rs.10,000 bond with two sureties, depositing a first installment of Rs.36,666 within four weeks, and the remaining two installments within the next two weeks, all to be handed over to the informant. The order is provisional, subject to Section 482(2) of the CrPC, and does not prejudice the merits of the trial.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged cheating, criminal breach of trust and dishonour of a cheque under IPC sections 420, 406, 384/34.
  • Whether the petitioner’s offer to pay the alleged amount in installments justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Section 482 CrPC
  • cheating
  • criminal breach of trust
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.55300 of 2025
                  Arising Out of PS. Case No.-2562 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
                                                 District- West Champaran
                 ======================================================
                 Harindar Mishra @ Harendra Mishra S/o Late Jamdar Mishra @ Late
                 Jamadar Mishra R/o Village -Mathia Tola, Ward no 9, P.S - Lauriya, District -
                 West Champaran

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Most. Asha Kunwar W/o Late Chandra Shekhar Mishra R/o Village - Mathia
                 Tola, Ward no. 9, P.S - Lauriya, District - West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Sarvesh Kashyap, Adv.
                 For the Opposite Party/s :    Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   18-06-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with West Champaran Complaint Case No. 2562(C) of 2023

                   registered for offences under Sections 420, 406, 384/34 of the

                   I.P.C.

                                   3. As per the prosecution case, the petitioner is

                   alleged to have taken the informant’s money.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in the

                   present case. Learned counsel submits that the balance amount

                   of Rs. 1,10,000/- shall be paid by the petitioner within next three

                   months in three equal installments.
Patna High Court CR. MISC. No.55300 of 2025(5) dt.18-06-2026
                                             2/3




                          5. Learned A.P.P. for the State as well as the O.P.

          No. 2 have opposed the prayer for grant of anticipatory bail.

                          6. Having considered the facts and circumstances

          of the case, the nature of allegations, and the submissions

          advanced on behalf of the parties, this Court is inclined to allow

          the prayer for anticipatory bail.

                          7. Accordingly, let the petitioner, above-named, in

          the event of arrest or surrender within four weeks from today in

          the    Court     below,      be     released     on   provisional/interim

          anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned Court below where

          the case is pending/successor Court in connection with West

          Champaran Complaint Case No. 2562(C) of 2023, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.,

          and further subject to the following conditions:

                                            (i) At the time of furnishing bail bonds,
                                  within four weeks from today, the petitioner
                                  shall deposit a Demand Draft of Rs. 36,666/-, as
                                  a first installment, in the name of the O.P. No. 2
                                  and after verifying the genuineness of the same,
                                  the Court below shall hand it over to the O.P.
                                  No. 2;
                                            (ii) The remaining two installments shall
                                  also be deposited by way of Demand Draft(s) in
            Patna High Court CR. MISC. No.55300 of 2025(5) dt.18-06-2026
                                                        3/3




                                              the name of the informant within the next two
                                              weeks thereafter and shall be handed over to the
                                              O.P. No. 2 by the learned Court below;
                                                      (iii)   In   case    the   installments   are
                                              deposited and handed over to the O.P. No. 2 in
                                              accordance with the above directions, the
                                              provisional/interim bail granted to the petitioner
                                              shall stand confirmed thereafter.
                                      8. It is made clear that this is the last opportunity

                      granted to the petitioner for payment of the aforesaid amount,

                      and no further extension shall be granted.

                                      9. It is further clarified that any observation made

                      herein is prima facie in nature and confined to the disposal of

                      the present anticipatory bail application. The same shall not be

                      construed as an expression on the merits of the case and shall

                      not influence the trial or any other proceeding.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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