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Patna High Court

Virmani ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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


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