Umesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6068 of 2026 Arising Out of PS. Case No.-12022 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Umesh Prasad S/o Late Godhan Singh @ Godhan Rai Resident of Bishunpur Pakari, P.S- Beur, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ravindra Prasad S/o Late Ramashish Prasad Permanent address vill - Sonawa, P.S.- Didarganj, Distt.- patna Present Address R/o Mohalla Near Hariseva Apartment Mithapur Bus Stand, P.s.- Jakkanpur, Post - GPO, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Aggrawal, Sr. Adv.
Mrs. Sunidhi Vimal, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP For the informant :
Mr. Vishal Vikram Rana, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2026 Heard Mr. N.K. Aggrawal, learned Senior Counsel for the petitioner and Mr. Vishal Vikram Rana for the informant besides Mr. Jitendra Kumar Singh representing the State.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 12022(c)/2023 for the offence registered under sections 406, 420 & 34 of IPC.
3. As per the prosecution story, an agreement was signed between the parties for transfer of land and the allegation is that Rs. 3,45,000/- has still not been paid. This led to the complaint.
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4. The Co-ordinate Bench earlier issued notice on 04.02.2026 in view of the statement made by the petitioner that he is ready to pay the amount.
5. Learned Senior Counsel for the petitioner submits that without accepting the allegation and/or the outcome of the present petition, he is ready to pay Rs. 3,45,000/- in three installments through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
6. Pursuant to the notice, the complainant has appeared and learned counsel submits that though it was taken by the petitioner more than a decade ago, in view of the fact that now he is ready to make the payment, reserving his right to pursue legal remedy, he has no objection if the relief if granted.
7. Considering the aforesaid submission and since both the parties have shown positive attitude, the petitioner do not have any criminal antecedent, this Court is inclined to grant him the anticipatory bail with conditions subject to payment of Rs. 3,45,000/- in three installments through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank as follows:
3/4 (i) Rs. 2,00,000/- at the time of filing of the surrender-cum-bail application;
(ii) Rs. 75,000/- by tenth of May, 2026 and;
(iii) Rs. 70,000/- by tenth of June, 2026.
8. Failure to abide by the terms and conditions, the complainant shall be free to take immediate steps for cancellation of bail bond.
9. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna in connection with Complaint Case No. 12022(c)/2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
4/4 bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U