Patna High Court
Virmani ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted subject to a bond and strict conditions, including the petitioner's payment undertaking and compliance with trial procedures.
Summary
Virmani Choudhary was arrested on 13 July 2025 in connection with a complaint alleging offences under several IPC sections, including assault, criminal breach of trust and cheating. The prosecution alleged that he and a co‑accused received Rs 21,05,000 from the complainant after an agreement. The petitioner sought bail, submitting a supplementary affidavit undertaking to pay Rs 150,000 within a month and the balance of Rs 902,500 in four installments over a year. The complainant raised no objection to the payment undertaking, and the State noted the petitioner had another case but was already on bail in that matter. The High Court granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of payment, cooperation with the trial, presence in court, and prohibition against tampering with evidence or concealing antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC.
- Whether the petitioner's undertaking to pay the complainant satisfies the conditions for bail.
- Whether the existence of another pending case affects the grant of bail.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 406, 420, 468, 504, 506
Subjects
- bail
- Indian Penal Code
- payment undertaking
- criminal antecedent
- surety
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76630 of 2025
Arising Out of PS. Case No.-140 Year-2024 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Virmani Choudhary Son of Visheshwar Chaudhary R/o Naya Tola (Ghera)
Kumhrar PS -Agamkuan Distt -Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gaurav Kumar son of Late Ashok Prasad Resident of Village - Durga
Charan Lane, Sadikpur, Po- Gulzarbagh, Ps- Alamganj, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Chaudhary, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr.Rajesh Chaudhary, learned counsel for
the petitioner, learned counsel for the complainant and
Mr.Ram Sumiran Rai, learned Additional Public Prosecutor
for the State.
2. The petitioner seeks bail, who is in custody since
13.07.2025 in connection with Complaint Case No. 140 of
2024, Complaint dated 09.02.2024 registered for the offence
punishable under Sections 323,341,504,506,406,420,468,34
IPC.
3. According to prosecution case, petitioner and
another co-accused person have received Rs. 21,05000/-from
the complainant after execution of the agreement.
Patna High Court CR. MISC. No.76630 of 2025(3) dt.27-01-2026
2/4
4. Learned counsel for the petitioner submits that
the petitioner has filed a supplementary affidavit stating
therein in paragraph-4 of the supplementary affidavit that
“petitioner undertakes that after being released on bail
within one month of date of releasing on bail he shall pay
Rs. 150,000/- to the complainant, further undertakes that
rest amount of Rs.902500/- shall be paid in the four equal
installments within one year of the first payment” which
suggests that the petitioner shall pay Rs. 1,50,000/- to the
complainant within a period of one month and further he shall
pay Rs. 902500/- to the complainant within one year after
payment of Rs. 1,50,000/-.The petitioner is in custody
since13.07.2025.
5. Learned counsel for the complainant has no
objection if the petitioner is ready to pay the aforesaid amount
to the complainant. Learned APP for the State submits that
the petitioner carries one more case other than the present one
but fairly submits that the petitioner is on bail in the said case,
as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.76630 of 2025(3) dt.27-01-2026
3/4
amount each to the satisfaction of learned Judicial Magistrate-
1st Class-cum-A.M., Patna City, Patna in connection with
Complaint Case No. 140 of 2024, with the following
conditions:-
(I) If the petitioner fails to pay the aforesaid amount
as mentioned in the aforesaid, the complainant shall be at
liberty to move before the appropriate forum for cancellation
of bail bond of the petitioner.
(II) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(III) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(IV) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.76630 of 2025(3) dt.27-01-2026
4/4
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…