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Patna High Court

Kamdeo Choudhary @ Kamdeo ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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