Vindhyachal Tiwary @ Bindhyachal Tiwari @ Bindhyachal Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54775 of 2023 Arising Out of PS. Case No.-3850 Year-2018 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.
VINDHYACHAL TIWARY @ BINDHYACHAL TIWARI @ BINDHYACHAL TIWARY Son of Late Radheshyam Tiwari R/o - SIDDHI VINAYAK APARTMENT 1ST FLOOR NEAR KALI MANDIR HANUMAN NAGAR KANKARBAGH PS PATRKARNAGAR, DISTT. - PATNA 2.
Anita Kumari @ Anita Devi Wife of Bindhyachal tiwari @ Vindhyachal tiwary R/o - SIDDHI VINAYAK APARTMENT 1ST FLOOR NEAR KALI MANDIR HANUMAN NAGAR KANKARBAGH PS PATRKARNAGAR, DISTT. - PATNA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Lalmuni Devi W/o Tarkeshwar Sharma R/o vill - Haraji, P.s. - Awtar Nagar, Distt. - Saran, Chapra ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Swetabh For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard the parties including the learned counsel for the opposite party no. 02 Mr. Sambhu Pd. Yadav.
2. The petitioners apprehend their arrest in connection with Complaint Case No. 3850 of 2018 registered for the offence under Sections 406 and 420/34 of the Indian Penal Code.
3. As per the prosecution case, the dispute between the petitioner and informant is of cheating of Rs. Five lakhs by the petitioners.
Patna High Court CR. MISC. No.54775 of 2023(4) dt.09-02-2026 2/3
4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in this case. He further submits that the petitioners are ready to return the alleged amount of Rs. Five Lakhs to the complainant within a period of six months in six equal installments which comes to Rs. 83,333/-.
5. Considering the aforesaid facts, this application is allowed.
6. Let the petitioners, above named, in the event of their arrest, be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the jurisdictional investigating officer in connection with Complaint Case No. 3850 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
7. As a condition of this order, the Court below, before accepting the bail bonds of the petitioners, is directed to accept the bail bonds of the petitioners only after first installments is paid to the complainant. After release, the petitioners are directed to pay the balance amount within six months from the date of his release. After payment of the entire
Patna High Court CR. MISC. No.54775 of 2023(4) dt.09-02-2026 3/3 amount of Rs. 5,00,000/-, the provisional anticipatory bail granted to the petitioner will be confirmed by the Court below itself. It is made clear that if the petitioners will fail in payment of the balance amount within six months from the date of their release then the bail bonds of the petitioners shall be cancelled. (Sandeep Kumar, J) Vikas/- U