Kamdeo Choudhary @ Kamdeo Chauhan Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

Kamdeo Choudhary @ Kamdeo Chauhan Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

Liberty to the petitioners to move the Court below for grant of anticipatory bail; upon satisfaction of the Court below on the basis of the compromise and payment made pursuant thereto (Annexure-2 and other relevant documents) and after hearing the informant, the petitioners shall be released on bail; otherwise the Court below to pass appropriate orders in accordance with law.

Issue for consideration

Whether the petitioners, apprehending arrest in Madanpur P.S. Case No. 248 of 2024 registered under Sections 341, 323, 420, 406, 467, 468 and 34 IPC, should be released on anticipatory bail in view of the alleged amicable settlement and offer to return the defalcated amount.

Court's answer

The anticipatory bail application was disposed of with liberty to the petitioners to move the Court below for anticipatory bail; if the petitioners satisfy the Court below on the basis of the compromise and the payment made pursuant thereto, in light of Annexure-2 and other relevant documents, and after hearing the informant, they shall be released on bail; failing which the Court below shall pass appropriate orders in accordance with law.

Ratio / Principle

Service of notice on O.P. No. 2 was treated as valid because it was received by the son of O.P. No. 2.

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), by order dated 09-03-2026 in Criminal Miscellaneous No. 70235 of 2025, disposed of an anticipatory bail application filed by Kamdeo Choudhary @ Kamdeo Chauhan and Dharampal Choudhary @ Dharampal Chauhan, who apprehend arrest in Madanpur P.S. Case No. 248 of 2024 (Thana Madanpur, District Aurangabad) registered for offences under Sections 341, 323, 420, 406, 467, 468 and 34 IPC. Instead of deciding the bail prayer itself, the Court granted liberty to the petitioners to move the Court below for anticipatory bail, directing that if they satisfy the Court below on the basis of the compromise and the payment made pursuant thereto, in light of Annexure-2 and other relevant documents, and after hearing the informant, they shall be released on bail; failing which the Court below shall pass appropriate orders in accordance with law. Counsel had submitted that the parties settled their dispute amicably and the petitioner was ready to return the entire defalcated amount to the informant; the Learned APP opposed the prayer. Service of notice on O.P. No. 2 was treated as valid, having been received by his son.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70235 of 2025

Arising Out of PS. Case No.-248 Year-2024 Thana- MADANPUR District- Aurangabad

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

Kamdeo Choudhary @ Kamdeo Chauhan S/O Mokhtar Choudhary R/O Vill.- Manjhauliya, P.S.- Amas, Dist.- Gaya (Bihar) At Present Residing AtNathun Chauhan Market, Saraswati Mohalla, Near Block-K, P.S.Madanpur, Dist.- Aurangabad (Bihar)

Dharampal Choudhary @ Dharampal Chauhan S/O Mokhtar Choudhary R/O Vill.- Manjhauliya, P.S.- Amas, Dist.- Gaya (Bihar) At Present Residing At- Nathun Chauhan Market, Saraswati Mohalla, Near Block-K, P.S.Madanpur, Dist.- Aurangabad (Bihar)

... ... Petitioner/s

Versus

The State of Bihar Patna

Doman Chaudhary, Son of late Nathun Chaudhay Resident of villageManjhauliya PS- Amas, Dist- Gaya

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Aman Vishal For the Opposite Party/s : Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 09-03-2026 Seen the office notes.

2 . The service of notice is treated as valid because the

same has been received by the son of the O.P. No. 2.

3 . Heard the learned counsel for the petitioners and learned counsel for the State.

4 . The petitioners apprehend arrest in connection with Madanpur P.S. Case No. 248 of 2024 registered for offences under Sections 341, 323, 420, 406, 467, 468, and 34 of the Indian Penal Code.

5 . Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.70235 of 2025(4) dt.09-03-2026 2/2

petitioners are quite innocent and have not committed any offence. He further submits that the parties have settled their dispute amicably and the petitioner is ready to return the entire defalcated amount to the informant.

6 . Learned APP for the State has vehemently opposed the prayer for bail.

7. Considering the submissions made on behalf of the petitioners, this application is disposed of with liberty to the petitioners to move the Court below for grant of anticipatory bail. In the event the petitioners are able to satisfy the Court below, on the basis of the compromise and the payment made pursuant thereto, in light of Annexure-2 and other relevant documents, and after hearing the informant, the petitioners shall be released on bail. However, if the petitioners fail to satisfy the Court below in this regard, the Court below shall pass appropriate orders in accordance with law.

(Sandeep Kumar, J)

Shishir/-

U T