Jayalal Pandit @ Jay Lal Pandit @ Jay Lal Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72149 of 2024 Arising Out of PS. Case No.-1831 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Jayalal Pandit @ Jay Lal Pandit @ Jay Lal Pandit Son of Late Devdutt Pandit Resident of village- Chainpur, Kesariya, Ward no 5, Behind Yuvraj Indane Gas Agency, PO and PS -Kesariya, District -East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Abhya Kumar Singh Son of Madan Prasad Singh village- Khatolwa, PoHajipur, Ps- Kalyanpur, Dist- East champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Adv.
For the State :
Mr. Bharat Lal, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323 & 406 of the Indian Penal Code.
3. The prosecution case involves fraud in land deal as the petitioner did not register the land to the complainant which had been settled for a consideration amount of Rs. 3,00,000/- and as against the same, the complainant had given Rs. 2,50,000/- in advance.
4. The matter had earlier been referred to the Patna High Court Mediation Centre for an amicable settlement of disputes
Patna High Court CR. MISC. No.72149 of 2024(8) dt.11-08-2025 2/3 between the parties. The mediation report indicates that the parties have agreed to resolve their disputes by way of Memorandum of Agreement dated 17.07.2025 passed in Mediation Proceeding No. 501/2025, whereby Rs. 60,000/- was the amount fixed as full and final settlement which the petitioner had offered to pay and the same was accepted by the complainant. It further appears that the complainant has already received an amount of Rs. 25,000/- and the rest amount of Rs. 35,000/- was agreed to be paid within a period of three months.
5. In such view of the matter, this Court is inclined to grant provisional bail to the petitioner for a period of two months. Let the above named petitioner, be released on provisional bail for a period of two months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/successor Court in connection with Complaint Case No. 1831 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.
6. However, the learned Court below is directed to
Patna High Court CR. MISC. No.72149 of 2024(8) dt.11-08-2025 3/3 confirm the provisional bail granted to the petitioner upon showing proof of payment of the rest of the amount of Rs. 35,000/- to be made within a period of two months from the date of furnishing of the bail bonds and in case, the said payment is not made within the stipulated period, the learned Court below shall vacate the provisional bail granted to the petitioner.
7. Accordingly, the application stands disposed of. (Soni Shrivastava, J) divyanshi/- U T