Patna High Court
Harindar Mishra @ Harendra MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 34, 384, 406, 420
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
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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/-
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