Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6765 of 2025 Arising Out of PS. Case No.-663 Year-2022 Thana- COMPLAINT CASE - DANAPUR District- Patna ====================================================== Mohan Singh S/O Late Gokhula Singh Village- New Mithila Colony, Singh Nagar, House No. 164, Police Station- Danapur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Rajak S/O Late Ramlal Rajak R/O Vill.- Sarari, Post- Khagaul, P.S.- Shahpur, Dist.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

Mr. Surendra Kishore Thakur Mr. Subodh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2025

1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the Complainant.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 406 of the Indian Penal Code and Section 138 of the N. I. Act.

3. The learned counsel for the parties jointly submitted that the case was referred for mediation by an order dated 09.05.2025. It is next submitted that mediation succeeded and the dispute has been resolved amicably and the petitioner

Patna High Court CR. MISC. No.6765 of 2025(4) dt.02-07-2025 2/3 has agreed to pay Rs.4,50,000/- to the opposite party no.2 by 05.07.2025.

4. The learned counsel appearing on behalf of the opposite party no.2 submits that since before the learned Mediator, the dispute has been resolved amicably as petitioner has agreed to pay an amount Rs.4,50,000/- to the opposite party no.2 by 05.07.2025, as such, for the present, the opposite party no.2 is not objecting the anticipatory bail application of the petitioner.

5. Learned A.P.P. Sri Chandra Bhushan Prasad also does not oppose the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of Mr. Ranjit Kumar Choudhary, the learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Complaint Case No.663 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

Patna High Court CR. MISC. No.6765 of 2025(4) dt.02-07-2025 3/3

8. However, it is made clear in the event, if the petitioner does not adhere to the terms of the mediation and does not return the amount of Rs.4,50,000/- as agreed, in that event, the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner.

(Satyavrat Verma, J) vikash/- U T