Sunil Prasad @ Sunil Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Sunil Prasad @ Sunil Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on bail, in the event of arrest/surrender within four weeks, on bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned court below (or successor court) where Buniyadganj P.S. Case no. 91 of 2021 is pending, subject to conditions under section 438(2) Cr.PC; liberty reserved to opposite party no. 2 to seek cancellation of bail upon breach of the memorandum of agreement.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Buniyadganj P.S. Case No. 91 of 2021 registered under Sections 406, 409, 420, 504 and 506 of the Indian Penal Code, should be released on bail in the event of his arrest or surrender.

Court's answer

The issues between the parties stand resolved through the Memorandum of Agreement dated 24.06.2025 passed in Mediation Proceeding no. 699 of 2025 before the Patna High Court Mediation Center, whereby the petitioner has agreed to pay Rs. 1,01,000/- to opposite party no. 2, whose counsel also agrees to the terms and conditions of the memorandum.

Ratio / Principle

Taking into consideration the facts, the compromise arrived at between the parties and the agreement of opposite party no. 2's counsel to its terms, the petitioner is directed to be released on bail, in the event of his arrest or surrender within a period of four weeks, on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending (or successor court) in Buniyadganj P.S. Case no. 91 of 2021, subject to the condition laid down under section 438(2) of the Cr.PC.

Key takeaways

In case the petitioner violates the terms and conditions of the memorandum of agreement, opposite party no. 2 shall be at liberty to file for cancellation of the petitioner's bail.ratio¶22

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 3968 of 2025 (Patna High Court, decision dated 05-08-2025, Soni Shrivastava, J): Petitioner apprehending arrest in Buniyadganj P.S. Case No. 91 of 2021 (District Gaya), registered for offences punishable under Sections 406, 409, 420, 504 and 506 of the Indian Penal Code. The matter had been referred to the Patna High Court Mediation Center, where a Memorandum of Agreement dated 24.06.2025 in Mediation Proceeding No. 699 of 2025 recorded resolution of the issues between the parties, the petitioner agreeing to pay Rs. 1,01,000/- to opposite party no. 2, whose counsel consented to the terms. On considering the compromise arrived at, the Court directed that the petitioner be released on bail, in the event of his arrest/surrender within four weeks, on bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned court below (or successor court), subject to the condition under Section 438(2) of the Cr.PC; opposite party no. 2 was left at liberty to file for cancellation of bail if the petitioner violated the memorandum of agreement.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3968 of 2025

Arising Out of PS. Case No.-91 Year-2021 Thana- BUNIYAD GANJ District- Gaya

======================================================

Sunil Prasad @ Sunil Kumar Son of Dwarika Prasad @ Barho Saw Resident of Village - Roushanganj, P.S. - Roushanganj, District - Gaya

... ... Petitioner/s

Versus

The State of Bihar

Ashok Kumar S/o- Late Ratan Sao, R/o- Village-Gorey, P.S.-Buniyadganj, Dist.- Gaya

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Md. Javed Jafar Khan For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 05-08-2025

Heard learned counsel for the petitioner and the learned

APP for the State.

Petitioner apprehends his arrest in a case registered for the offences punishable under sections 406, 409, 420, 504, 506 of the Indian Penal Code.

The present case is one under section 420 of the IPC concerning transaction of money.

The matter had been sent to the Patna High Court, Mediation Center for reaching an amicable settlement between the parties and it would appear from the Memorandum of Agreement dated 24.06.2025 passed in Mediation Proceeding no. 699 of 2025 that the issues have been resolved between the parties. The petitioner has agreed to pay Rs. 1,01,000/- to the OP.No. 2. and the terms and conditions and schedule of payments have been enumerated in the said memorandum of agreement and it is expected that both the

Patna High Court CR. MISC. No.3968 of 2025(4) dt.05-08-2025 2/2

parties would strictly adhere to the terms and conditions as agreed between them.

Learned counsel for the OP.No. 2 also agrees to the terms and conditions as stated in the memorandum of agreement.

Considering all the above mentioned facts and circumstances and also taking into consideration, the compromise arrived at between the parties, let the above named petitioner, in the event of his arrest/ surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs 10,000/(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 Buniyadganj P.S. Case no. 91 of 2021, subject to condition as laid down under section 438(2) of the Cr.PC.

However, in case the petitioner violates the terms and conditions of the memorandum of agreement, the OP. No.2 shall be at liberty to file cancellation of bail of the petitioner.

(Soni Shrivastava, J)

N.K/-

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