Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59729 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- JAMALPUR District- Darbhanga ====================================================== Surendra Yadav S/o Bachhu Yadav R/o Village - Kiratpur, P.S - Jamalpur , District - Darbhanga (Bihar) ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Manoj Kumar Yadav S/o Shyam Sundar Yadav R/o Village - Kiratpur, P.S - Jamalpur , District - Darbhanga (Bihar) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madan Mohan For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Jamalpur P.S. Case No. 06 of 2024 registered for the offence under Sections 323, 341, 385, 420, 467, 468, 471, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have taken an advance of Rs. 17 lakhs from the opposite party no. 02 for registration of a land.
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, on instructions
Patna High Court CR. MISC. No.59729 of 2025(7) dt.20-02-2026 2/3 from the petitioner, that the petitioner is ready to return the entire amount of Rs. 17,00,000/- to the opposite party no. 02 provided the opposite party no. 02 vacates the land which are subject matter of the sale deed.
5. Considering the aforesaid facts, this application is allowed.
6. 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 provisional anticipatory bail for a period of one year 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, Biraul/concerned Court below in connection with Jamalpur P.S. Case No. 06 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS, subject to the condition that he will return the entire alleged amount to have been taken by him from the opposite party no. 02.
7. It is made clear that the bail bonds of the petitioner shall only be accepted if he brings a demand draft of Rs. 2 lakhs in the name of the opposite party no. 02 at the time of furnishing his bail bonds. Once the petitioner is released on provisional
Patna High Court CR. MISC. No.59729 of 2025(7) dt.20-02-2026 3/3 anticipatory bail, he will pay the entire balance amount of Rs 15,00,000/- within one year in equal monthly installments to the opposite party no. 02 and thereafter his provisional bail shall be confirmed by the court below itself. If the petitioner fails to pay the entire amount to the opposite party no. 02 within one year then appropriate orders shall be passed by the court below. (Sandeep Kumar, J) Vikas/- U