Jitendra Srivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64147 of 2024 Arising Out of PS. Case No.-203 Year-2022 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Jitendra Srivastav S/o Krishna Lal Srivastav Resident of Village- Kawala Chak, PS- Kuchaikote, Distt. - Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mahanth Upadhyay, S/O- Lakshmi Narayan Upadhyay R/O- VillageSalahpur,P.O.-Dindayalpur, P.S.- Tarwara, District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurabh Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-10-2025 Heard learned counsel for the petitioner as well as learned APP for the State and the learned counsel for O.P. No. 2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 203 of 2022, registered for the offences punishable under Sections 406 of the IPC.

3. The prosecution case, in brief, is that the petitioner took Rs. 4,00,000/- from the complainant for selling his land but failed to execute the sale deed. Later, he issued two cheques of Rs. 50,000/- each, which were dishonored due to signature mismatch. Hence, the present complaint case.

4. Vide order dated 02.07.2025, the matter was referred to the Patna High Court Mediation and Conciliation Centre. The mediator's report shows that the petitioner has

Patna High Court CR. MISC. No.64147 of 2024(12) dt.30-10-2025 2/2 already paid Rs. 50,000/- to the complainant out of the total amount of Rs.3,25,000/-.

5. The learned counsel for the petitioner has submitted that Rs. 20,000/- had been paid by the petitioner to the complainant before the filing of this case. He has further submitted that the petitioner is ready to pay the remaining amount of Rs. 2,55,000/- within a period of three months.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Gopalganj in connection with Complaint Case No. 203 of 2022, subject to the condition that the petitioner shall pay the entire remaining amount to the complainant in three equal monthly installments. The first installment shall be paid at the time of filing the bail bond. The bail bond shall be confirmed after payment of all three installments within the stipulated period.

(Nawneet Kumar Pandey, J) Nirmal/- U T