Patna High Court
Birendra Chaudhary @ Birendra Kumar Chaudhary @ Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The provisional bail granted on 04.02.2026 is confirmed.
Summary
Birendra Chaudhary was arrested on 4 September 2025 in connection with a case registered on 12 July 2025 for offences under Sections 316(2), 318(4), 351(3) of the Bihar Negotiable (BNS) Act, which correspond to Sections 406, 420 and 506 of the Indian Penal Code. He applied for bail, having been in custody for several months. The High Court had earlier granted him provisional bail on 4 February 2026 on the condition that he would settle a financial dispute with the informant by returning Rs 6,00,000 and depositing a further Rs 1,00,000 as a demand draft, with the balance of Rs 5,00,000 to be paid within three months. The petitioner’s counsel reiterated his willingness to comply with these conditions, while the informant’s counsel accepted the arrangement but reserved the right to seek cancellation if the payment was not made. The Court examined whether the conditions were satisfied and whether the provisional bail could be confirmed. It held that the conditions were reasonable and that the petitioner was prepared to fulfill them, and therefore confirmed the provisional bail. The application for confirmation of bail was consequently disposed of.
Issues considered
- Whether the provisional bail granted on 4 February 2026 should be confirmed despite the pending financial settlement with the informant.
- Whether the conditions imposed – payment of Rs 1,00,000 by demand draft and Rs 5,00,000 within three months – are lawful and sufficient for bail.
Legislation cited
Subjects
- bail
- provisional bail
- conditions of bail
- Indian Penal Code
- BNS
- criminal intimidation
- settlement of dispute
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6137 of 2026
Arising Out of PS. Case No.-374 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Birendra Chaudhary @ Birendra Kumar Chaudhary @ Birendra Kumar Son
of Baso Chaudhary @ Basudeo Chaudhary, R/o - Karmakala, P.S - Rajauli,
District - Nawadah.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ramkrishna Prasad, S/O Late Bhikhari Prasad R/V- Tetaria, P.S. Meskaur,
District- Nawadah.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
For the Informant : Mr.Naresh Kumar Mehta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 07-05-2026 Heard Mr.Arun Kumar, learned counsel for the
petitioner, Mr.Naresh Kumar Mehta, learned counsel for the
Informant and Ms.Suman Kumari Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
04.09.2025 in connection with Rajauli P.S. Case No. 374 of
2025, F.I.R. dated 12.07.2025 registered for the offence
punishable under Sections 316(2), 318(4), 351(3) of BNS
corresponding to under Sections 406, 420, 506, of the I.P.C.
3. The petitioner has been granted provisional bail by
order dated 04.02.2026 by a Coordinate Bench of this Hon’ble
Court on the ground that the petitioner will settle the dispute
with the informant. Learned counsel for the petitioner submits
Patna High Court CR. MISC. No.6137 of 2026(4) dt.07-05-2026
2/3
that during pendency of the bail petition, the petitioner is ready
to return Rs. 6,00,000/- (Six lakhs) to the informant. Learned
counsel for the petitioner further submits that the petitioner has
received Rs. 6,00,000/- (Six lakhs) in his bank account and for
the rest amount, the informant has claimed that he has paid to
the petitioner altogether Rs.12,61,000/- (Twelve Lakh Sixty One
Thousand). Learned counsel for the petitioner, on instruction,
submits that the petitioner has received Rs. 6,00,000/- (Six
lakhs) from the informant and he is ready to return the same and
for the rest amount, the same will subject to the final outcome of
the present case. Learned counsel for the petitioner submits that
the petitioner shall deposit Rs.1,00,000/- (One Lakh) by way of
demand draft in favour of the informant at the time of
conforming the provisional bail which has been granted by
order dated 04.02.2026.
4. Learned counsel for the informant submits that the
petitioner has received altogether Rs.12,61,000/- (Twelve Lakh
Sixty One Thousand) but he fairly submits that the petitioner is
ready to pay Rs. 6,00,000 (Six Lakh), in this regard he has no
objection, but for the rest amount, the same will subject to the
final outcome of the present case.
(I) Petitioner shall deposit Rs.1,00,000/- (One Lakh)
Patna High Court CR. MISC. No.6137 of 2026(4) dt.07-05-2026
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by way of demand draft in favour of the informant at the time of
confirming the bail bond and the learned Court below is directed
to handover the said demand draft to the informant or his
representative and for the rest amount of Rs. 5,00,000/- (Five
Lakhs), the same will be paid by the petitioner to the informant
within three months from the date of confirming the bail bond.
If the petitioner fails to pay Rs. 5,00,000/- (Five Lakhs) within
the aforesaid period, the informant/O.P. No. 2 shall be at liberty
to move before the appropriate forum for cancellation of bail
bond of the petitioner.
5. Learned counsel for the Informant and learned APP
for the State submits that the petitioner carries six more cases
other than the present one but he fairly submits that the
petitioner is on bail in all the cases, as mentioned in para-3 of
the bail petition.
6. The provisional bail granted to the petitioner vide
order dated 04.02.2026 is hereby confirmed.
7. Accordingly, the present application stands
disposed of.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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