Md. Alam Hashmi @ Md. Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58555 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Panapur District- Muzaffarpur ====================================================== Md. Alam Hashmi @ Md. Alam S/o- Late Natthu Miyan Village- Kazipur Goriyara, P.S.- Panapur Kariyat, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, A.P.P ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel appearing for the Opposite Party No.2.
2. The petitioner apprehends his arrest in a case registered under Sections 316 (2) and 318 (4) of B.N.S.
3. As per the prosecution case, the allegation in the first information report relates to fraudulent sale of land by the petitioner to the informant and thereby cheating him of his hard earned money.
4. Learned counsels appearing for the parties submits that the parties have resolved the issue between them and a copy of the memorandum of agreement passed in mediation proceeding No. 1274 of 2025 dated 12.01.2026 is also on record indicating such settlement between the parties.
Patna High Court CR. MISC. No.58555 of 2025(4) dt.21-01-2026 2/3
5. It is expected that the terms and conditions as settled by way of mediation agreement dated 12.01.2026 would be strictly adhered to by both the parties and a correction with regard to the date in the first cheque amounting to Rs. 3,00,000/- (Rupees Three Lakh) would be made by the petitioner. In addition, it is also agreed that the wife of the informant in whose name the land has been transferred would at least file an affidavit before the court concerned within a period of four weeks that she is not concerned with the said land and has no claim over the same and all the payment as agreed by the petitioner must be made by March, 2027. The first installment of Rs. 1,00,000/- (Rupees One Lakh) has already been paid by the petitioner.
6. Taking into consideration the facts and circumstances, let the petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Panapur Kariyat P.S. Case No. 49 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the
Patna High Court CR. MISC. No.58555 of 2025(4) dt.21-01-2026 3/3 B.N.S.S, 2023.
7. However, it is made clear that in case the terms and conditions of the agreement is not strictly complied with and the petitioner faulters in making the entire payment to the Opposite Party No.2 , the Opposite Party No.2 shall be at liberty to file an application for cancellation of bail bond.
8. Accordingly, the application stands disposed of. (Soni Shrivastava, J) vashudha/- U T