Allowed¶32

Dharmendra Kumar v. The State of Bihar

Patna HC15 Apr 2026CR. MISC./79682/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.79682 of 2025, decided 15-04-2026 by Anil Kumar Sinha, J. Anticipatory bail allowed on the basis of a court-referred mediation compromise dated 26.03.2026 (settlement of Rs. 4,00,000/- in four installments of Rs. 1,00,000/- each) in Complaint Case No. 822 of 2024, Gaya, under S.138 N.I. Act and Ss. 420, 406 I.P.C.; bail bond Rs. 10,000/- with two sureties; conditions under S. 482(2) B.N.S.S. 2023.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail if arrested or surrendering within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to abiding by the mediation settlement dated 26.03.2026 and the conditions under Section 482(2) B.N.S.S. 2023. ¶32

Dharmendra Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2026)

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 822 of 2024 (S.138 N.I. Act; Ss. 420, 406 I.P.C.) concerning an alleged loan and three dishonoured SBI cheques, is entitled to anticipatory bail.

¶13

Court's answer

Since the matter stands compromised and the parties have arrived at an amicable settlement before the learned Mediator (compromise dated 26.03.2026, mediation report on record), the Court is inclined to grant the petitioner the privilege of anticipatory bail.

¶29

Ratio / Principle

Anticipatory bail is granted on the condition that the petitioner shall abide by the terms and conditions of the settlement entered into between the parties before the learned Mediator in the mediation report dated 26.03.2026.

¶31

Key takeaways

In the event of arrest or surrender before the learned court below within six weeks, the petitioner is to be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya, subject to the conditions under Section 482(2) B.N.S.S. 2023.ratio¶32

Detailed headnote1 paragraphs

Anticipatory bail - Complaint Case No. 822 of 2024 (S.138 N.I. Act; Ss. 420, 406 I.P.C.), District Gaya - dispute over alleged loan and three dishonoured S.B.I. cheques returned for insufficiency of funds - matter referred to mediation by order dated 11.02.2026 - parties arrived at amicable settlement on 26.03.2026 for payment of Rs. 4,00,000/- as full and final settlement in four monthly installments of Rs. 1,00,000/- each - settlement supported by opposite party no. 2 - anticipatory bail granted, conditioned on the petitioner abiding by the settlement terms; release on bail bond of Rs. 10,000/- with two sureties of the like amount each if arrested/surrendering within six weeks, subject to S. 482(2) B.N.S.S. 2023. (Anil Kumar Sinha, J.)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79682 of 2025

¶2

Arising Out of PS. Case No.-822 Year-2024 Thana- GAYA COMPLAINT CASE DistrictGaya

¶3

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

¶4

Dharmendra Kumar S/O Nagendra Prasad R/O Village- Bakhtar, P.S- Khizersarai, Distt.- Gayaji. At present R/O Mohalla- New Godown, Narhan Kothi, P.S- Kotwali, Distt.- Gayaji.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

Chitranjan Kumar S/O Ram Pravesh Sharma R/O Village- Kormatthu, P.SBelaganj, Distt.- Gayaji.

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar For the Opposite Party/s : Mr.Humayou Ahmad Khan ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶12

4 15-04-2026 1. Heard the parties.

¶13

The petitioner apprehends his arrest in connection with Complaint Case No. 822 of 2024 dated 07.06.2024 registered for the offence punishable under 138 of the N.I. Act and Section 420, 406 of the I.P.C.

¶14

The prosecution story in nutshell is that the complainant gave a sum of Rs. 1,00,000/- to the petitioner on 19.07.2023 for some urgent work. Again, on the request of the petitioner, he paid Rs. 5,07,000/- in cash and Rs. 23,000/- through Phone Pay and the petitioner promised to return the said amount within two months. On demand, the petitioner issued three cheques of S.B.I. for Rs. 1,00,000/- on 01.04.2024, Rs. 5,00,000/- on

¶15

Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026 2/5

¶16

20.04.2024 and Rs. 30,000/- on 10.04.2024 respectively which were presented by the complainant in his Punjab National Bank, Silaunja Branch on 22.04.2024 but the same were returned by the P.N.B. due to insufficient fund and the cheques could not be encashed.

¶17

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case by the complainant due to malafide intention and ulterior motive inasmuch as he has not committed any offence in the manner alleged. He further submits that the petitioner has taken loan of Rs. 1,00,000/- from the opposite party no. 2 as he was facing hardship and in lieu thereof the opposite party no. 2 has taken three blank cheques of SBI as guarantee of the said amount. It is further submitted that the petitioner has taken loan of only Rs. 1,00,000/- from the opposite party no. 2 but with malafide intention and ulterior motive the opposite party no. 2 has alleged that petitioner has taken loan of Rs. 6,30,000/-. He also submits that petitioner has requested for some time so that he could pay the loan amount of Rs. 1,00,000/- but without consent of the petitioner the opposite party no. 2 deposited all the three blank cheques taken by him at the time of providing loan amount of Rs. 1,00,000/- by filling up total amount of Rs. 6,30,000/-

¶18

Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026 3/5

¶19

against the loan amount of Rs. 1,00,000/- only.

¶20

Learned counsel next submits that the matter was sent for mediation by this Court vide order dated 11.02.2026 and final mediation report is on record (flag- ‘M’). From perusal of the same it appears that both the parties arrived at amicable settlement and have jointly signed the agreement containing terms and conditions of compromise on 26.03.2026. The terms and conditions of settlement are quoted hereinbelow:-

¶21

1. That after great persuasion, both the parties agreed to settle the dispute and for this the petitioners offered to pay Rs. 4,00,000/- (Rupees Four Lakh Only) as full and final settlement amount to the Opposite party No.2 Prabha Devi wife of Late Chitranjan Kumar and the Prabha Devi wife of Late Chitranjan Kumar accepted the offer and gave his consent.

¶22

2. That the petitioner agreed shall be paid first installment of Rs.1,00,000/- (Rupees One Lakh) at the time of furnishing bail bond before the learned Court below, 2^nd installment of Rs.1,00,000/- (Rupees One Lakh) after one month of the date of furnishing bail bond. 3^rd installment of Rs.1,00,000/- (Rupees One Lakh) after one month of second installment and 4^th and final installment of Rs.1,00,000/(Rupees One Lakh) after one month of 3^rd installment. The payment shall be made through Demand Draft/RTGS/Online issued in the name of opposite party No.2 namely Prabha Devi wife of Late Chitranjan Kumar.

¶23

Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026 4/5

¶24

3. That the Opposite party No.2 agreed on this payment and this settlement shall be full and final settlement and no party shall claim in future against each other, in any manner related to present case.

¶25

4. That both the parties agreed that any case filed against each other shall be withdrawn after making full and final payment of Rs.4,00,000 (Rupees Four Lakh).

¶26

5. That the above contents of the agreement have been read over and explained to us in Hindi which we have fully understood and accepted there upon.

¶27

6. That in the above terms and conditions a settlement has been arrived at between the parties and both have signed in presence of their learned counsels, who have also put their signature on this agreement.

¶28

Learned counsel for opposite party no. 2 supports the argument of learned counsel for the petitioner regarding amicable settlement arrived at between the parties through the process of mediation.

¶29

Considering the fact that the matter has been compromised and both parties have arrived at amicable settlement before the learned Mediator and mediation report has been submitted by the learned Mediator having the terms and conditions of compromise, I am inclined to grant the petitioner privilege of anticipatory bail subject to the condition that the

¶30

Patna High Court CR. MISC. No.79682 of 2025(4) dt.15-04-2026 5/5

¶31

petitioner shall abide by the terms and conditions entered into between them before the learned Mediator mentioned in the mediation report dated 26.03.2026.

¶32

Let the petitioner, above named, in the event of his arrest / surrender before the learned court below within a period of six weeks from today be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sanjay Kumar, learned Judicial Magistrate, 1^st Class, Gaya in connection with Complaint Case No. 822 of 2024 subject to the condition as laid down under Section 482(2) of the B.N.S.S. 2023.

¶33

(Anil Kumar Sinha, J)

¶34

praful/-

¶35

U T

Dharmendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

The State of Bihar through the Additional Chief Secretary, Vs Dr. Aseem Kumar Thakur

Siya Ram Pandit Vs Sheikh Faijle Rehman

Arbind Dhanuk @ Arbind Kumar Vs The State of Bihar

Sanjiv Kumar Bantar @ Sanjiv Bantar Vs The State of Bihar

Shobha Devi Vs The State of Bihar

Rohit Paswan @ Rohit Kumar @ Rohit Kumar Paswan Vs The State of Bihar