Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 406, 420
- Negotiable Instruments Act — s. 138
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
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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/-
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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.
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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
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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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