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Patna High Court

Ranjan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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in five equal installments to the opposite party, Krishna Prasad Gupta, with a promise that the case would be withdrawn after the final payment.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

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:-
Patna High Court CR. MISC. No.88111 of 2025(3) dt.30-03-2026
                                             2/4




                                       “ 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.”
Patna High Court CR. MISC. No.88111 of 2025(3) dt.30-03-2026
                                            3/4




                       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
              Patna High Court CR. MISC. No.88111 of 2025(3) dt.30-03-2026
                                                          4/4




                        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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