Patna High Court
Ranjan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
Provisional bail was granted subject to payment of the pending installments and the stipulated bail bond conditions.
Summary
The petitioner, Ranjan Yadav, was charged under Sections 406, 420, 467, 468 and 34 of the Indian Penal Code for allegedly cheating the informant. He applied for bail, asserting his innocence and presenting a memorandum of agreement in which he agreed to pay Rs.5,50,000 in five equal installments to the opposite party, Krishna Prasad Gupta, with a promise that the case would be withdrawn after the final payment. The court examined the settlement terms and the risk of non‑payment of the remaining installments. It granted provisional bail until the second week of April 2026, subject to a bail bond of Rs.10,000 with two sureties and the condition that the three pending installments be paid by that date. The bail bond would be cancelled if the installments were not paid, while successful payment would allow the bail to be confirmed after full settlement.
Issues considered
- Whether provisional bail can be granted in a criminal complaint where the parties have entered into a settlement agreement.
- What conditions may be imposed on bail to ensure compliance with the settlement terms.
Legislation cited
- Indian Penal Code — s. 34, 406, 420, 467, 468
Subjects
- bail
- provisional bail
- settlement agreement
- compromise
- cheating
- IPC sections 406 420 467 468 34
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88111 of 2025
Arising Out of PS. Case No.-1201 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Ranjan Yadav S/o Sukhari Yadav @ Sukhadi Ray Resident of village -
Shankar Saraiya Munsi Inar, P.S.- Turkauliya, Distt.- East Chamapran
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Krishna Prasad Gupta S/o Yogendra Sah R/o vill - Madhopur Madhumalat,
P.S.- Turkauliya, Distt.- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Complaint Case No. 1201/2024 registered for the offences
punishable under Sections 406, 420, 467, 468 and 34 of the
Indian Penal Code.
3. As per the prosecution case, petitioner is accused
of cheating the informant.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. He further submits that the parties have
settled the dispute and the memorandum of agreement has been
signed. The memorandum of agreement reads as follows:-
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“ Both the parties present with their
respective Ld. Counsels and they are ready to resolve
their dispute through mediation.
Petitioner is ready to pay of Rs.5,50,000/-
(Rupees Five Lakhs Fifty Thousand) to the Opposite
Party No.2 in five equal installments.
The petitioner transfers the amount in
account of the petitioner bearing account
No.59209931522961 of HDFC Bank branch situated in
Motihari till second week of the every month and
payment will be start from second week of February,
2026.
The Opposite Party No.2 namely Krishna
Prasad Gupta will file compromise petition in the
Criminal Case before receiving the last installments in
the Ld. Court below.
Further, the Opposite Party No.2 will
withdraw the case after receiving of final installment.
The Complainant/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.
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.
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.”
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5. As per the memorandum of agreement, petitioner
has agreed to pay the entire amount of Rs. 5,50,000/- in five
equal installments.
6. Learned counsel for the petitioner submits that the
petitioner is ready to pay installments which are due also before
the next date of hearing.
7. Learned counsel for the informant submits that if
the case is disposed of, the petitioner will not pay the balance
amount in question which are to be paid in three installments till
the second week of April, 2026.
8. In these circumstances, this application is disposed
of.
9. Let the petitioner, above named, be released on
provisional bail till the second week of April, 2026 on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Motihari, East Champaran /concerned Court below in
connection with Complaint Case No. 1201/2024.
10. The learned court below is directed that if the
three installments are not paid till the second week of April,
2026, then the bail bond of the petitioner shall be cancelled. If
the petitioner pays the three installments till the second week of
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April, 2026, then the petitioner shall remain on the same bail
bonds and the interim bail granted to the petitioner shall be
confirmed after the entire amount is paid.
(Sandeep Kumar, J)
tusharika/-
U T
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