Patna High Court
Md. Alam Hashmi @ Md. AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and strict compliance with the mediation agreement, disposing the application.
Summary
Md. Alam Hashmi sought anticipatory bail in a case registered under Sections 316(2) and 318(4) of the B.N.S., alleging fraudulent sale of land and cheating. The prosecution’s FIR claimed the petitioner defrauded the informant of money. The parties later resolved the dispute through a mediation agreement dated 12‑01‑2026, which detailed payment schedules, correction of a cheque date, and an affidavit by the informant’s wife. The court, considering the settlement, granted anticipatory bail on the condition of a Rs.10,000 bail bond with two sureties and strict compliance with the mediation terms, allowing cancellation of bail if conditions are breached. The application was disposed of, with bail granted subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a cheating case under Sections 316(2) and 318(4) of the B.N.S. when the parties have reached a settlement.
- Whether the court may impose conditions, including a bail bond and compliance with a mediation agreement, on anticipatory bail.
Legislation cited
- B.N.S. — s. 316(2), 318(4)
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- cheating
- fraudulent land sale
- mediation settlement
- B.N.S. Sections 316 and 318
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58555 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- Panapur District- Muzaffarpur
======================================================
Md. Alam Hashmi @ Md. Alam S/o- Late Natthu Miyan Village- Kazipur
Goriyara, P.S.- Panapur Kariyat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Opposite Party/s : Mrs. Madhuri Lata, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel appearing for the
Opposite Party No.2.
2. The petitioner apprehends his arrest in a case
registered under Sections 316 (2) and 318 (4) of B.N.S.
3. As per the prosecution case, the allegation in the
first information report relates to fraudulent sale of land by the
petitioner to the informant and thereby cheating him of his hard
earned money.
4. Learned counsels appearing for the parties submits
that the parties have resolved the issue between them and a copy
of the memorandum of agreement passed in mediation
proceeding No. 1274 of 2025 dated 12.01.2026 is also on record
indicating such settlement between the parties.
Patna High Court CR. MISC. No.58555 of 2025(4) dt.21-01-2026
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5. It is expected that the terms and conditions as settled
by way of mediation agreement dated 12.01.2026 would be
strictly adhered to by both the parties and a correction with
regard to the date in the first cheque amounting to Rs. 3,00,000/-
(Rupees Three Lakh) would be made by the petitioner. In
addition, it is also agreed that the wife of the informant in whose
name the land has been transferred would at least file an
affidavit before the court concerned within a period of four
weeks that she is not concerned with the said land and has no
claim over the same and all the payment as agreed by the
petitioner must be made by March, 2027. The first installment
of Rs. 1,00,000/- (Rupees One Lakh) has already been paid by
the petitioner.
6. Taking into consideration the facts and circumstances,
let the petitioner in the event of his arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Panapur Kariyat P.S.
Case No. 49 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending subject to the condition laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of the
Patna High Court CR. MISC. No.58555 of 2025(4) dt.21-01-2026
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B.N.S.S, 2023.
7. However, it is made clear that in case the terms and
conditions of the agreement is not strictly complied with and the
petitioner faulters in making the entire payment to the Opposite
Party No.2 , the Opposite Party No.2 shall be at liberty to file an
application for cancellation of bail bond.
8. Accordingly, the application stands disposed of.
(Soni Shrivastava, J)
vashudha/-
U T
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