Mayank Singh @ Chotu Singh Vs The State of Bihar — Cheque Dishonour | Patna HC (2025)

Mayank Singh @ Chotu Singh Vs The State of Bihar — Cheque Dishonour | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioners, in the event of arrest/surrender within six weeks, to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Vishnupad Police Station Case No. 134 of 2021, subject to the conditions under section 438(2) CrPC and in terms of the settlement.

Issue for consideration

Whether the petitioners, who apprehend arrest in Vishnupad Police Station Case No. 134 of 2021 registered for offences punishable under sections 406/420/34 IPC and section 138 NI Act, are entitled to bail. +1 more

Court's answer

Considering the mediator's report evidencing the parties' settlement, the court allowed the prayer for bail of the petitioner(s).

Ratio / Principle

The grant rested on an uncontested record: learned counsel for opposite party no.2 did not controvert the petitioner-side submission that the parties had settled their dispute.

Key takeaways

On arrest or surrender, the petitioner(s) mentioned above were directed to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya.ratio¶¶26
The enlargement on bail was confined to arrest or surrender occurring within six weeks from the date of the order.ratio¶¶26
Bail was made subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as in terms of the settlement between the parties.

Detailed headnote1 paragraphs

BAIL ON APPREHENSION OF ARREST — Patna High Court, Criminal Miscellaneous No.16416 of 2024 (order dt. 08-01-2025, Prabhat Kumar Singh, J): petitioners apprehended arrest in Vishnupad Police Station Case No. 134 of 2021, District Gaya, registered for offences punishable under sections 406/420/34 of the Indian Penal Code and section 138 of the NI Act; both parties had mutually settled their dispute, the settlement being annexed with the mediator's report dated 20.12.2024, and learned counsel for opposite party no.2 did not controvert the submission; considering the mediator's report, the prayer for bail was allowed — petitioners, on arrest/surrender within six weeks, to be enlarged on bail on a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure and in terms of the settlement.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16416 of 2024

Arising Out of PS. Case No.-134 Year-2021 Thana- VISHNUPAD District- Gaya

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Mayank Singh @ Chotu Singh S/O VINAY KUMAR SINGH R/O VILLAGE- DERWA, P.O- DERWA, PS.- KUDRA, DIST. KAIMUR (BHABUA), BIHAR- 821108.

AYUSH ANAND S/O VINAY KUMAR SINGH R/O VILLAGE- DERWA, P.O- DERWA, PS.- KUDRA, DIST. KAIMUR (BHABUA), BIHAR821108.

Vinay Kumar Singh S/O Late Lalmuni Singh R/O Village- Derwa, P.ODerwa, Ps.- Kudra, Dist. Kaimur (BHABUA), Bihar- 821108.

Malti Devi W/O Vinay Kumar Singh R/O Village- Derwa, P.O- Derwa, Ps.Kudra, Dist. Kaimur (BHABUA), Bihar- 821108.

... ... Petitioners

Versus

The State Of Bihar

Rakesh Rahul S/O Late Visheshwar Pandey Mohalla- Dandibag, Ps. Vishnupad, Distt.- Gaya, Bihar-823001.

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Aryan Sinha, Advocate For the Opposite Party/s : Mr.Shyam Kumar Singh, A.P.P. Mr. Praveen Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

4 08-01-2025 Heard learned counsel for the parties.

The petitioner apprehends arrest in a case

registered for the offence punishable under sections 406/420/34 of the Indian Penal Code and section 138 of the NI Act.

Learned counsel for the petitioner submits that

both parties have resolved and settled their dispute in terms of settlement mutually agreed upon by them. A copy of the settlement is annexed with the mediator’s report dated 20.12.2024.

Patna High Court CR. MISC. No.16416 of 2024(4) dt.08-01-2025 2/2

Learned counsel for opposite party no.2 does not controvert the submission of the learned counsel for the petitioner.

Considering the mediator’s report, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Vishnupad Police Station Case No. 134 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as in terms of settlement.

(Prabhat Kumar Singh, J)

Shashi

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