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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to compliance with the mediation settlement and the stipulated bail conditions.

Summary

The petitioner, Dharmendra Kumar, was charged under Section 138 of the Negotiable Instruments Act and Sections 420 and 406 of the IPC for issuing three cheques that bounced after receiving a total of Rs. 6,30,000 from the complainant. The petitioner contended that he had only borrowed Rs. 1,00,000 and that the remaining amount was a fabricated claim, asserting that the opposite party had filled in the blank cheques without his consent. The matter was referred to mediation, resulting in an amicable settlement where the petitioner agreed to pay Rs. 4,00,000 in four installments to the opposite party. The court, considering the settlement and the mediation report, granted anticipatory bail to the petitioner, subject to compliance with the settlement terms and a bail bond of Rs. 10,000 with two sureties. The bail was conditioned on the petitioner’s adherence to the compromise and the provisions of Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged cheque bounce and fraud charges.
  • Whether a settlement reached through mediation can influence the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. 2023 are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • cheque bounce
  • Section 138 NI Act
  • IPC 420
  • mediation
  • settlement
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.79682 of 2025
                  Arising Out of PS. Case No.-822 Year-2024 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Dharmendra Kumar S/O Nagendra Prasad R/O Village- Bakhtar, P.S- Khizer-
                 sarai, Distt.- Gayaji. At present R/O Mohalla- New Godown, Narhan Kothi,
                 P.S- Kotwali, Distt.- Gayaji.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    Chitranjan Kumar S/O Ram Pravesh Sharma R/O Village- Kormatthu, P.S-
                 Belaganj, Distt.- Gayaji.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s          :       Mr.Sunil Kumar
                 For the Opposite Party/s      :       Mr.Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   15-04-2026           1. Heard the parties.

                         2. The petitioner apprehends his arrest in connection with

                   Complaint Case No. 822 of 2024 dated 07.06.2024 registered

                   for the offence punishable under 138 of the N.I. Act and

                   Section 420, 406 of the I.P.C.

                         3. The prosecution story in nutshell is that the complainant

                   gave a sum of Rs. 1,00,000/- to the petitioner on 19.07.2023 for

                   some urgent work. Again, on the request of the petitioner, he

                   paid Rs. 5,07,000/- in cash and Rs. 23,000/- through Phone Pay

                   and the petitioner promised to return the said amount within two

                   months. On demand, the petitioner issued three cheques of

                   S.B.I. for Rs. 1,00,000/- on 01.04.2024, Rs. 5,00,000/- on
Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026
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          20.04.2024 and Rs. 30,000/- on 10.04.2024 respectively which

          were presented by the complainant in his Punjab National Bank,

          Silaunja Branch on 22.04.2024 but the same were returned by

          the P.N.B. due to insufficient fund and the cheques could not be

          encashed.

                4. Learned counsel for the petitioner submits that petitioner

          is innocent and has falsely been implicated in this case by the

          complainant due to malafide intention and ulterior motive

          inasmuch as he has not committed any offence in the manner

          alleged. He further submits that the petitioner has taken loan of

          Rs. 1,00,000/- from the opposite party no. 2 as he was facing

          hardship and in lieu thereof the opposite party no. 2 has taken

          three blank cheques of SBI as guarantee of the said amount. It is

          further submitted that the petitioner has taken loan of only

          Rs. 1,00,000/- from the opposite party no. 2 but with malafide

          intention and ulterior motive the opposite party no. 2 has alleged

          that petitioner has taken loan of Rs. 6,30,000/-. He also submits

          that petitioner has requested for some time so that he could pay

          the loan amount of Rs. 1,00,000/- but without consent of the

          petitioner the opposite party no. 2 deposited all the three blank

          cheques taken by him at the time of providing loan amount of

          Rs. 1,00,000/- by filling up total amount of Rs. 6,30,000/-
Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026
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          against the loan amount of Rs. 1,00,000/- only.

                5. Learned counsel next submits that the matter was sent

          for mediation by this Court vide order dated 11.02.2026 and

          final mediation report is on record (flag- ‘M’). From perusal of

          the same it appears that both the parties arrived at amicable

          settlement and have jointly signed the agreement containing

          terms and conditions of compromise on 26.03.2026. The terms

          and conditions of settlement are quoted hereinbelow:-

                       1. That after great persuasion, both the parties agreed

                 to settle the dispute and for this the petitioners offered to pay

                 Rs. 4,00,000/- (Rupees Four Lakh Only) as full and final set-

                 tlement amount to the Opposite party No.2 Prabha Devi wife

                 of Late Chitranjan Kumar and the Prabha Devi wife of Late

                 Chitranjan Kumar accepted the offer and gave his consent.

                       2. That the petitioner agreed shall be paid first install-

                 ment of Rs.1,00,000/- (Rupees One Lakh) at the time of

                 furnishing bail bond before the learned Court below, 2 nd

                 installment of Rs.1,00,000/- (Rupees One Lakh) after one

                 month of the date of furnishing bail bond. 3 rd installment of

                 Rs.1,00,000/- (Rupees One Lakh) after one month of second

                 installment and 4th and final installment of Rs.1,00,000/-

                 (Rupees One Lakh) after one month of 3rd installment. The

                 payment shall be made through Demand Draft/RTGS/Online

                 issued in the name of opposite party No.2 namely Prabha

                 Devi wife of Late Chitranjan Kumar.
Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026
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                       3. That the Opposite party No.2 agreed on this payment

                 and this settlement shall be full and final settlement and no

                 party shall claim in future against each other, in any manner

                 related to present case.

                       4. That both the parties agreed that any case filed

                 against each other shall be withdrawn after making full and

                 final payment of Rs.4,00,000 (Rupees Four Lakh).

                       5. That the above contents of the agreement have been

                 read over and explained to us in Hindi which we have fully

                 understood and accepted there upon.

                       6. That in the above terms and conditions a settlement

                 has been arrived at between the parties and both have

                 signed in presence of their learned counsels, who have also

                 put their signature on this agreement.



                 6. Learned counsel for opposite party no. 2 supports the

          argument of learned counsel for the petitioner regarding

          amicable settlement arrived at between the parties through the

          process of mediation.

                 7. Considering the fact that the matter has been compro-

          mised and both parties have arrived at amicable settlement

          before the learned Mediator and mediation report has been

          submitted by the learned Mediator having the terms and

          conditions of compromise, I am inclined to grant the petitioner

          privilege of anticipatory bail subject to the condition that the
               Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026
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                         petitioner shall abide by the terms and conditions entered into

                         between them before the learned Mediator mentioned in the

                         mediation report dated 26.03.2026.

                                8. Let the petitioner, above named, in the event of his

                         arrest / surrender before the learned court below within a period

                         of six weeks from today be released on anticipatory bail on fur-

                         nishing bail bond of Rs. 10,000/- (ten thousand) with two

                         sureties of the like amount each to the satisfaction of Sri Sanjay

                         Kumar, learned Judicial Magistrate, 1st Class, Gaya in connec-

                         tion with Complaint Case No. 822 of 2024 subject to the condi-

                         tion as laid down under Section 482(2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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