Patna High Court
Umesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 406, 420
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.
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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:
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(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
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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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