Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond, sureties and the condition of producing a demand draft of Rs.6,10,000.
Summary
Santosh Yadav was arrested in connection with a complaint alleging offences under Sections 323 and 406 of the IPC, involving alleged forgery, cheating and threats of murder. The petitioner claimed innocence and offered to pay Rs.6,10,000 to the informant, while the opposite party claimed a higher amount of Rs.6,87,000 and opposed the bail application. The High Court, after considering the submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to produce a demand draft of Rs.6,10,000 in favour of the opposite party. The bail was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the same Code. The order stipulated that failure to produce the demand draft would result in non‑acceptance of the bail bonds.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 323 and 406 IPC.
- Whether the condition of producing a demand draft of Rs.6,10,000 as part of bail is permissible under law.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 323, 406
Subjects
- bail
- IPC 323
- IPC 406
- Section 438 CrPC
- Section 482 CrPC
- pre‑trial detention
- demand draft condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89197 of 2024
Arising Out of PS. Case No.-29 Year-2024 Thana- COMPLAINT CASE - DEHRI-ON-SONE
District- Rohtas
======================================================
Santosh Yadav S/O Late Vishnu Yadav R/O Village- Ganghar, P.S- Nokha,
Distt.- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Dashrath Yadav S/O Gurucharan Yadav R/O Village- Baak, P.S- Akorhigola,
Dist.- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr.Bhaskar Shankar
For the Opposite Party/s : Mr.Sanjay Kumar Singh
For the Complainant : Mr. Saket Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
14 24-02-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint Case No. 29 of 2024 registered for
the offence under Sections 323, 406 of the Indian Penal Code.
3. As per the prosecution case, the allegation
against the petitioner is of committing forgery with the
complainant in business and have cheated money from the
complainant. It is further alleged that when the complainant
asked the petitioner to return the money, he threatened him to
kill.
Patna High Court CR. MISC. No.89197 of 2024(14) dt.24-02-2026
2/3
4. It has been submitted by the learned senior
counsel for the petitioner that the petitioner is innocent and he
has falsely been implicated in this case. He next submits that the
petitioner, without accepting his guilt and liability, is ready to
pay Rs. 6,10,000/- to the informant but the learned counsel for
the opposite party no. 02 submits that the claim of the opposite
party no. 02 is of Rs. 6,87,000/- and he has no instruction to
accept the said amount and he opposes the application of the
petitioner.
5. I have considered the submission of the parties.
6. Considering the totality of the circumstances,
this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Dehri-on-sone, Rohtas/concerned Court
below in connection with Complaint Case No. 29 of 2024,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the bail bonds of the
Patna High Court CR. MISC. No.89197 of 2024(14) dt.24-02-2026
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petitioner shall only be accepted if he brings a demand draft of
Rs. 6,10,000/- at the time of furnishing his bail bonds in the
name of the opposite party no. 02 and the same shall be handed
over to the opposite party no. 02. It is made clear that if the
petitioner will not bring the demand draft, as mentioned above,
his bail bonds shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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