Patna High Court
Kamdeo Choudhary @ Kamdeo ChauhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application is disposed with liberty to move the lower court for anticipatory bail, subject to satisfaction of the compromise and payment.
Summary
Petitioners Kamdeo and Dharampal Choudhary were implicated in PS Madanpur Case No. 248 of 2024 for offences under Sections 341, 323, 420, 406, 467, 468 and 34 of the Indian Penal Code. They applied for anticipatory bail, asserting that they are innocent, the dispute has been amicably settled, and they are prepared to return the defalcated amount to the informant. The State opposed the bail application. The Court noted that the notice of the application was valid and, after hearing both sides, disposed of the application, granting the petitioners liberty to approach the lower court for anticipatory bail. The Court directed that if the lower court is satisfied with the compromise and payment, the petitioners should be released on bail; otherwise, the lower court may pass appropriate orders as per law.
Issues considered
- Whether anticipatory bail can be granted to the petitioners pending the settlement of the dispute and payment of the defalcated amount.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 406, 420, 467, 468
Subjects
- anticipatory bail
- Indian Penal Code
- settlement
- bail application
- criminal procedure
- compromise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70235 of 2025
Arising Out of PS. Case No.-248 Year-2024 Thana- MADANPUR District- Aurangabad
======================================================
1. Kamdeo Choudhary @ Kamdeo Chauhan S/O Mokhtar Choudhary R/O
Vill.- Manjhauliya, P.S.- Amas, Dist.- Gaya (Bihar) At Present Residing At-
Nathun Chauhan Market, Saraswati Mohalla, Near Block-K, P.S.-
Madanpur, Dist.- Aurangabad (Bihar)
2. Dharampal Choudhary @ Dharampal Chauhan S/O Mokhtar Choudhary
R/O Vill.- Manjhauliya, P.S.- Amas, Dist.- Gaya (Bihar) At Present Residing
At- Nathun Chauhan Market, Saraswati Mohalla, Near Block-K, P.S.-
Madanpur, Dist.- Aurangabad (Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Doman Chaudhary, Son of late Nathun Chaudhay Resident of village-
Manjhauliya PS- Amas, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal
For the Opposite Party/s : Mr. Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-03-2026 Seen the office notes.
2. The service of notice is treated as valid because the
same has been received by the son of the O.P. No. 2.
3. Heard the learned counsel for the petitioners and
learned counsel for the State.
4. The petitioners apprehend arrest in connection with
Madanpur P.S. Case No. 248 of 2024 registered for offences
under Sections 341, 323, 420, 406, 467, 468, and 34 of the
Indian Penal Code.
5. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.70235 of 2025(4) dt.09-03-2026
2/2
petitioners are quite innocent and have not committed any
offence. He further submits that the parties have settled their
dispute amicably and the petitioner is ready to return the entire
defalcated amount to the informant.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. Considering the submissions made on behalf of the
petitioners, this application is disposed of with liberty to the
petitioners to move the Court below for grant of anticipatory
bail. In the event the petitioners are able to satisfy the Court
below, on the basis of the compromise and the payment made
pursuant thereto, in light of Annexure-2 and other relevant
documents, and after hearing the informant, the petitioners shall
be released on bail. However, if the petitioners fail to satisfy the
Court below in this regard, the Court below shall pass
appropriate orders in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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