Panchanand Kumar Bajapai @ Panchanand Bajapeyi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69549 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- JAMUI District- Jamui ====================================================== Vikas Kumar Son of Late Shri Gopal Dubey R/o- Shastri colony jamui, P.sjamui Dist- Jamui, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arya W/o- Prabhakar Prasad Singh R/o- Tilak Niwas KKM College Road Ps- jamui Dist- Jamui ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70264 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- JAMUI District- Jamui ====================================================== Panchanand Kumar Bajapai @ Panchanand Bajapeyi S/o- Late Rajeshwar Bajpayee Village- Bihari PS- Jamui Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 69549 of 2024) For the Petitioner :
Ms. Misha Bharti Mr.Vishal Vikram Rana For the State :
Mr.Syed Mojibur Rahman For the OP-2 :
Mr. Sudhanshu Trivedi Mr. Vivek Anand Amritesh, & Mr. Kumar Kamal Narayan (In CRIMINAL MISCELLANEOUS No. 70264 of 2024) For the Petitioner :
Mr.Pankaj Kumar Sinha For the State :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 Heard learned counsel for the petitioner(s), learned A.P.P. for the State in both the cases and learned counsel for opposite party no. 2.
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2. The petitioner (in both cases) apprehends his arrest in Jamui P. S. Case No. 106 of 2024, registered for the offences punishable under Sections 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
3. Allegation against petitioner is that he along with other co-accused persons met the informant and finalized a deal of selling a land on a consideration amount of Rs. 1.26 crore, concealing the fact that land in question was already sold by ancestors of this petitioner (Vikas Kumar). The entire money was deposited in the bank account of this petitioner (Vikas Kumar), whereas, petitioner (Panchanand Kumar Bajapai) was witness to the alleged sale-deed.
4. At the outset, learned counsel for the petitioner (Vikas Kumar) submits that the dispute between the parties has been settled amicably through the process of mediation and for this, the petitioner admitted to pay total Rs. 1,09,50,000/- (Rupees one crore, nine lakhs fifty thousand) in ten installments and opposite party no. 2 agreed on this payment.
5. Learned counsel for the opposite party no. 2 does not dispute and confirms the fact regarding settlement entered into between the parties.
6. Here, it is relevant to mention that earlier, with
3/4 consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.
7. Considering the fact that dispute between the parties has been resolved and petitioner (Vikas Kumar) has agreed to pay the admitted amount and the fact that petitioner (Panchanand Kumar Bajapai) was only witness to the sale-deed, both the aforesaid anticipatory bail petitions are allowed.
8. Let the petitioner in both cases namely Vikas Kumar and Panchanand Kumar Bajapai, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui P.S. Case No. 106 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482 of the B.N.S.S. with further condition that petitioner (Vikas Kumar) shall abide by all the terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court concerned shall be at liberty to cancel
4/4 the bail-bond.
(Prabhat Kumar Singh, J) anay U T