Patna High Court
SANJIV KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail was dismissed.
Summary
The petitioner Sanjiv Kumar filed an application seeking cancellation of the anticipatory bail granted to Opposite Party No.2 in a criminal case. The petition relied on a mediation settlement wherein the opposite party agreed to pay Rs. 11,00,000 to the petitioner but had only paid Rs. 5,00,000, leaving Rs. 6,00,000 unpaid. The opposite party offered to discharge the balance in installments over six months. The court examined the request for bail cancellation and the settlement terms, and directed that the transaction be monitored and complied with as agreed. No order was made to cancel the anticipatory bail; instead, the application was disposed of with directions for compliance.
Issues considered
- Whether the anticipatory bail granted to Opposite Party No.2 should be cancelled on account of non‑payment of the settlement amount
- Whether the court can direct monitoring and enforcement of a monetary settlement arising from mediation in a criminal proceeding
Subjects
- anticipatory bail
- cancellation
- mediation settlement
- criminal procedure
- court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59373 of 2023
Arising out of PS. Case No.-280 Year-2022 Thana- MUFFASIL District- West Champaran
======================================================
Sanjiv Kumar, Son of Late Kamlesh Jha, R/o Village- Banuchhapar P.S.
Banuchhapar District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kaju @ Ajay Kumar, Son of Late Kashi Sah, R/o Village- Purani Gudari,
Mahavir Chowk, Bettiah, P.S.- Bettiah (Town), Dist- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
For the O.P. No. 2` : Mr. Sharad Kumar Verma, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Opposite Party No. 2.
2. The present application for cancellation of anticipa-
tory bail has been filed against the order dated 17.04.2023
passed by the learned Court of District and Sessions Judge, West
Champaran in A.B.P. No. 1216 of 2022 in connection with Bet-
tiah Muffasil (Banuchhapar O.P.) P.S. Case No. 280 of 2022
whereby and whereunder anticipatory bail was granted to the
opposite party no. 2.
3. It has been submitted by learned counsel for the pe-
titioner that upon mediation between the parties it had been
agreed that the Opposite Party No. 2 would pay an amount of
Patna High Court CR. MISC. No.59373 of 2023(4) dt.16-01-2026
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Rs. 11,00,000/- to the petitioner. The Opposite Party No. 2 paid
an amount of Rs. 5,00,000/- out of Rs. 11,00,000/- but he was
unable to pay remaining Rs. 6,00,000/-.
4. It has been submitted on behalf of the Opposite
Party No. 2 that he is ready to pay remaining amount of Rs.
6,00,000/- in installments within a period of six months.
5. It is expected that the Opposite Party No. 2 would
comply with the direction of this Court as agreed by him.
6. The learned Court concerned is also directed to
monitor such transaction and pass orders in accordance with
law.
7. With the aforesaid direction, the present application
is disposed off.
(Soni Shrivastava, J)
Vikash/-
U T
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