Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, a demand draft of Rs 2 lakhs, and a one‑year repayment schedule of the alleged advance.
Summary
The petitioner, Surendra Yadav, feared arrest in a criminal case (Jamalpur P.S. Case No. 06 of 2024) involving alleged offences under several IPC sections for taking an advance of Rs 17 lakhs from the opposite party, Manoj Kumar Yadav, for a land transaction. The petitioner claimed innocence and offered to return the entire amount if the land was vacated. The High Court, after hearing counsel, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and a demand draft of Rs 2 lakhs payable to the opposite party. The court further conditioned the bail on the petitioner’s repayment of the remaining Rs 15 lakhs in equal monthly instalments within one year, failing which further orders may be passed. The order was made under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, and the bail was to be confirmed by the lower court after compliance.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused of multiple IPC offences including fraud and criminal intimidation.
- Whether the court may impose monetary conditions, such as a demand draft and repayment schedule, as part of anticipatory bail.
- Whether the court can invoke Section 482 of the BNSS to regulate the bail conditions in a civil‑financial dispute.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 341, 385, 420, 467, 468, 471, 504, 506/34
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Indian Penal Code offences
- land dispute
- advance money
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59729 of 2025
Arising Out of PS. Case No.-6 Year-2024 Thana- JAMALPUR District- Darbhanga
======================================================
Surendra Yadav S/o Bachhu Yadav R/o Village - Kiratpur, P.S - Jamalpur ,
District - Darbhanga (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Manoj Kumar Yadav S/o Shyam Sundar Yadav R/o Village - Kiratpur, P.S -
Jamalpur , District - Darbhanga (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madan Mohan
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Jamalpur P.S. Case No. 06 of 2024 registered
for the offence under Sections 323, 341, 385, 420, 467, 468,
471, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
alleged to have taken an advance of Rs. 17 lakhs from the
opposite party no. 02 for registration of a land.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits, on instructions
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from the petitioner, that the petitioner is ready to return the
entire amount of Rs. 17,00,000/- to the opposite party no. 02
provided the opposite party no. 02 vacates the land which are
subject matter of the sale deed.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on provisional anticipatory
bail for a period of one year on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, 1 st
Class, Biraul/concerned Court below in connection with
Jamalpur P.S. Case No. 06 of 2024, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS, subject to the condition that he
will return the entire alleged amount to have been taken by him
from the opposite party no. 02.
7. It is made clear that the bail bonds of the petitioner
shall only be accepted if he brings a demand draft of Rs. 2 lakhs
in the name of the opposite party no. 02 at the time of furnishing
his bail bonds. Once the petitioner is released on provisional
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anticipatory bail, he will pay the entire balance amount of Rs
15,00,000/- within one year in equal monthly installments to the
opposite party no. 02 and thereafter his provisional bail shall be
confirmed by the court below itself. If the petitioner fails to pay
the entire amount to the opposite party no. 02 within one year
then appropriate orders shall be passed by the court below.
(Sandeep Kumar, J)
Vikas/-
U
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