Patna High Court
Panchanand Kumar Bajapai @ Panchanand BajapeyiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to both petitioners subject to the conditions stipulated in the order.
Summary
Vikas Kumar and Panchanand Kumar Bajapai were arrested in connection with a land‑sale fraud alleged under IPC sections 406, 420, 467, 468, 471 and 120(B). Both petitioners claimed that the dispute with the complainant had been settled through mediation, with Vikas Kumar agreeing to pay Rs 1,09,50,000 in ten instalments and the opposite party confirming the settlement. The High Court noted that the matter had been referred to the Patna High Court Mediation & Conciliation Centre and a Memorandum of Agreement was executed. Considering the settlement and the fact that Bajapai was only a witness to the sale deed, the Court granted anticipatory bail to both petitioners. Bail was conditioned on furnishing a bail‑bond of Rs 10,000 with two sureties, compliance with Section 438(2) CrPC, Section 482 CrPC, and adherence to the terms of the settlement agreement.
Issues considered
- The appropriateness of granting anticipatory bail when the parties have reached a settlement through mediation.
- Whether the settlement and payment undertaking affect the applicability of Sections 438(2) CrPC and 482 CrPC in granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- anticipatory bail
- mediation
- settlement
- land fraud
- IPC sections 406, 420, 467, 468, 471, 120(B)
- CrPC Section 438
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69549 of 2024
Arising Out of PS. Case No.-106 Year-2024 Thana- JAMUI District- Jamui
======================================================
Vikas Kumar Son of Late Shri Gopal Dubey R/o- Shastri colony jamui, P.s-
jamui Dist- Jamui, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arya W/o- Prabhakar Prasad Singh R/o- Tilak Niwas KKM College Road
Ps- jamui Dist- Jamui
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 70264 of 2024
Arising Out of PS. Case No.-106 Year-2024 Thana- JAMUI District- Jamui
======================================================
Panchanand Kumar Bajapai @ Panchanand Bajapeyi S/o- Late Rajeshwar
Bajpayee Village- Bihari PS- Jamui Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 69549 of 2024)
For the Petitioner : Ms. Misha Bharti
Mr.Vishal Vikram Rana
For the State : Mr.Syed Mojibur Rahman
For the OP-2 : Mr. Sudhanshu Trivedi
Mr. Vivek Anand Amritesh, &
Mr. Kumar Kamal Narayan
(In CRIMINAL MISCELLANEOUS No. 70264 of 2024)
For the Petitioner : Mr.Pankaj Kumar Sinha
For the State : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-01-2026 Heard learned counsel for the petitioner(s), learned
A.P.P. for the State in both the cases and learned counsel for
opposite party no. 2.
Patna High Court CR. MISC. No.69549 of 2024(4) dt.16-01-2026
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2. The petitioner (in both cases) apprehends his arrest
in Jamui P. S. Case No. 106 of 2024, registered for the offences
punishable under Sections 406, 420, 467, 468, 471 and 120(B)
of the Indian Penal Code.
3. Allegation against petitioner is that he along with
other co-accused persons met the informant and finalized a deal
of selling a land on a consideration amount of Rs. 1.26 crore,
concealing the fact that land in question was already sold by
ancestors of this petitioner (Vikas Kumar). The entire money
was deposited in the bank account of this petitioner (Vikas
Kumar), whereas, petitioner (Panchanand Kumar Bajapai) was
witness to the alleged sale-deed.
4. At the outset, learned counsel for the petitioner
(Vikas Kumar) submits that the dispute between the parties has
been settled amicably through the process of mediation and for
this, the petitioner admitted to pay total Rs. 1,09,50,000/-
(Rupees one crore, nine lakhs fifty thousand) in ten installments
and opposite party no. 2 agreed on this payment.
5. Learned counsel for the opposite party no. 2 does
not dispute and confirms the fact regarding settlement entered
into between the parties.
6. Here, it is relevant to mention that earlier, with
Patna High Court CR. MISC. No.69549 of 2024(4) dt.16-01-2026
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consent of the parties, the matter was referred to Mediation &
Conciliation Centre of Patna High Court to explore the
possibility of settlement between the parties, which has been
resolved in terms of Memorandum of Agreement annexed with
Mediator’s report.
7. Considering the fact that dispute between the
parties has been resolved and petitioner (Vikas Kumar) has
agreed to pay the admitted amount and the fact that petitioner
(Panchanand Kumar Bajapai) was only witness to the sale-deed,
both the aforesaid anticipatory bail petitions are allowed.
8. Let the petitioner in both cases namely Vikas
Kumar and Panchanand Kumar Bajapai, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs.10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned C.J.M., Jamui in connection with Jamui
P.S. Case No. 106 of 2024, subject to condition as laid down
under Section 438(2) of the Code of Criminal Procedure /
Section 482 of the B.N.S.S. with further condition that
petitioner (Vikas Kumar) shall abide by all the terms &
conditions, mentioned in Memorandum of Agreement, failing
which, learned Court concerned shall be at liberty to cancel
Patna High Court CR. MISC. No.69549 of 2024(4) dt.16-01-2026
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the bail-bond.
(Prabhat Kumar Singh, J)
anay
U T
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