Patna High Court
Rajesh Kumar @ Rajesh Kumar Singh @ Rajesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional anticipatory bail subject to payment of the agreed amount and stipulated that bail would be cancelled if the payment is not made or the cheque bounces.
Summary
Petitioner Rajesh Kumar sought anticipatory bail fearing arrest in a complaint (No. 873 of 2024) filed under Sections 352, 115(2), 126(2) and 85 of the Bharatiya Nyaya Sanhita. The parties settled the dispute and executed an agreement whereby the petitioner handed a Rs. 3,00,000 cheque to the opposite party’s counsel. The High Court, noting the settlement, granted provisional anticipatory bail under Section 438(2) of the CrPC, requiring a bail bond of Rs.10,000 with two sureties and conditioning confirmation of bail on full payment of the cheque amount. The court further ordered that the bail bonds would be cancelled if the payment is not made or if the cheque bounces. The order thus provides conditional anticipatory bail pending compliance with the settlement terms.
Issues considered
- What is the appropriate scope of anticipatory bail when the parties have settled the dispute and a payment agreement exists?
- Can the court condition anticipatory bail on the fulfillment of a monetary settlement and the validity of a cheque?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 352, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- settlement agreement
- cheque bounce
- Criminal Procedure Code
- Section 438
- Bharatiya Nyaya Sanhita
- conditional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84564 of 2025
Arising Out of PS. Case No.-873 Year-2024 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
======================================================
Rajesh Kumar @ Rajesh Kumar Singh @ Rajesh Singh S/o Ramashish Singh
@ Ramesh Prasad Singh R/o Village - Marthi, P.S - Bhagwanpur, District -
Kaimur Presently R/o - Banaras Neuro City Hospital, B - 37, 18-19 Ahilyabai
Colony, Yogabir Lanka, Varanasi, P.S - Lanka, District - Varanasi (U.P)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chanchal Kumari W/o Rajesh Kumar @ Rajesh Kumar Singh @ Rajesh
Singh R/o Village - Marthi, P.S - Bhagwanpur, District - Kaimur, At present
D/o Shyamsundar Singh, R/o Village - Sareya, P.O and P.S - Kochas, District
- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashwani Kumar Tiwary, Advocate
For the State : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 27-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the Complainant
-opposite party no .2
2. The petitioner apprehends arrest in connection
with Complaint Case No. 873 of 2024 instituted under Sections
352, 115(2), 126(2) and 85 of the Bharatiya Nyaya Sanhita.
3. The parties have settled the dispute and have
Patna High Court CR. MISC. No.84564 of 2025(4) dt.27-02-2026
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entered into an agreement. Pursuant to that, a cheque of Rs.
3,00,000/-is being handed over to the learned counsel for the
opposite party no. 2. The same is accepted by learned counsel
for the opposite party no. 2.
4. If the cheque is not honoured and bounces because
of insufficient funds, then the petitioner shall be dealt by this
Court by passing appropriate orders.
5. In view of the agreement between the parties, this
application is allowed.
6. Let the petitioner, above named, in the event of
arrest or surrender before the Court below within six weeks
from today, be released on provisional anticipatory bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the
learned Sub-Divisional Judicial Magistrate, Sasaram, Rohtas/
concerned Court in connection with Complaint Case No. 873
of 2024, subject to the conditions laid down in Section 438(2)
of the Code of Criminal Procedure, 1973.
7. The provisional anticipatory bail of the petitioner
shall be confirmed by the Court below after, pursuant to the
agreement, the entire amount is paid.
8. In case the petitioner fails to make the entire
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payment as per the agreement, then the bail bonds of the
petitioner shall be cancelled. Further, in case, the cheque(s) of
the petitioner bounces then also the bail bonds of the petitioner
shall be cancelled.
(Sandeep Kumar, J)
P. Kumar
U T
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