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Patna High Court

Umesh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to payment of the disputed amount in instalments and compliance with specified bail conditions.

Summary

Umesh Prasad sought anticipatory bail after a complaint was lodged against him under IPC sections 406, 420 and 34 for allegedly failing to pay Rs. 3,45,000 arising from a land transfer agreement. The prosecution alleged criminal breach of trust and cheating, while the petitioner asserted his willingness to settle the amount in three instalments. The complainant, having no objection to the payment, also agreed to the relief sought. The Patna High Court, noting the petitioner’s clean criminal record and the parties’ cooperative stance, granted anticipatory bail subject to a payment schedule and strict bail conditions under Section 438(2) of the Cr.P.C. The order also stipulated that failure to comply with the payment or bail conditions would permit the complainant to seek cancellation of the bail bond.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged criminal breach of trust and cheating when the accused is willing to pay the disputed amount
  • Whether the court can impose a payment schedule and other conditions as part of anticipatory bail under Section 438(2) of the Cr.P.C.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • IPC sections 406, 420, 34
  • criminal breach of trust
  • cheating
  • land dispute
  • payment conditions
  • bail bond cancellation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6068 of 2026
                 Arising Out of PS. Case No.-12022 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Umesh Prasad S/o Late Godhan Singh @ Godhan Rai Resident of Bishunpur
                 Pakari, P.S- Beur, District- Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Ravindra Prasad S/o Late Ramashish Prasad Permanent address vill -
                 Sonawa, P.S.- Didarganj, Distt.- patna Present Address R/o Mohalla Near
                 Hariseva Apartment Mithapur Bus Stand, P.s.- Jakkanpur, Post - GPO,
                 Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. N.K. Aggrawal, Sr. Adv.
                                                 Mrs. Sunidhi Vimal, Adv.
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 For the informant        :      Mr. Vishal Vikram Rana, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   01-04-2026                     Heard Mr. N.K. Aggrawal, learned Senior Counsel

                   for the petitioner and Mr. Vishal Vikram Rana for the informant

                   besides Mr. Jitendra Kumar Singh representing the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 12022(c)/2023 for the offence

                   registered under sections 406, 420 & 34 of IPC.

                                 3. As per the prosecution story, an agreement was

                   signed between the parties for transfer of land and the allegation

                   is that Rs. 3,45,000/- has still not been paid. This led to the

                   complaint.
Patna High Court CR. MISC. No.6068 of 2026(3) dt.01-04-2026
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                       4. The Co-ordinate Bench earlier issued notice on

          04.02.2026 in view of the statement made by the petitioner that

          he is ready to pay the amount.

                       5. Learned Senior Counsel for the petitioner submits

          that without accepting the allegation and/or the outcome of the

          present petition, he is ready to pay Rs. 3,45,000/- in three

          installments through Demand Draft issued by the local branch

          of the State Bank of India/any Nationalized Bank to be

          submitted before the ‘NAZARAT’ of concerned Court to be

          handed over to the informant after checking the credentials.

                       6. Pursuant to the notice, the complainant has

          appeared and learned counsel submits that though it was taken

          by the petitioner more than a decade ago, in view of the fact that

          now he is ready to make the payment, reserving his right to

          pursue legal remedy, he has no objection if the relief if granted.

                       7. Considering the aforesaid submission and since

          both the parties have shown positive attitude, the petitioner do

          not have any criminal antecedent, this Court is inclined to grant

          him the anticipatory bail with conditions subject to payment of

          Rs. 3,45,000/- in three installments through Demand Draft

          issued by the local branch of the State Bank of India/any

          Nationalized Bank as follows:
Patna High Court CR. MISC. No.6068 of 2026(3) dt.01-04-2026
                                            3/4




                               (i) Rs. 2,00,000/- at the time of filing of the

                  surrender-cum-bail application;

                               (ii) Rs. 75,000/- by tenth of May, 2026 and;

                               (iii) Rs. 70,000/- by tenth of June, 2026.

                       8. Failure to abide by the terms and conditions, the

          complainant shall be free to take immediate steps for

          cancellation of bail bond.

                       9. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned J.M. 1st Class,

          Patna in connection with Complaint Case No. 12022(c)/2023

          subject to condition as laid down under Section 438(2) of the

          Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his bail
           Patna High Court CR. MISC. No.6068 of 2026(3) dt.01-04-2026
                                                       4/4




                     bond by the Trial court itself;

                                  (iii) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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