Patna High Court
Sanjivan Rai @ Sajivan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner, subject to a bond and conditions under the B.N.S.S., 2023.
Summary
The petitioner, Sanjivan Rai, was implicated in a FIR (Case No. 1120 of 2022) alleging fraud under IPC sections 420 and 406. He argued that the same allegation had earlier been pursued in a complaint (Case No. 972(C) of 2021) which resulted in a compromise and his discharge under Section 245 of the Cr.P.C. on 10 July 2024. The State opposed bail, but the court examined whether the prior discharge precluded a fresh FIR and whether anticipatory bail was appropriate. Relying on the provisions of the Bihar Negotiable Instruments (B.N.S.S.) Act, 2023, the court granted anticipatory bail, subject to a Rs.30,000 bond and conditions under Section 482(2) of the same Act. The order directs the petitioner to surrender within four weeks if arrested, and the bail bond is to be filed with the Judicial Magistrate, Danapur.
Issues considered
- Can anticipatory bail be granted when the same allegation has previously resulted in a compromise and discharge under Section 245 Cr.P.C.?
- Does the filing of a new FIR on identical facts constitute a fresh offence warranting arrest?
- Are the conditions prescribed under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 applicable for granting anticipatory bail?
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
- Code of Criminal Procedure, 1973 — s. 245
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- FIR
- compromise
- discharge
- IPC 420
- IPC 406
- Section 245 CrPC
- B.N.S.S. 2023
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10535 of 2026
Arising Out of PS. Case No.-1120 Year-2022 Thana- DANAPUR District- Patna
======================================================
Sanjivan Rai @ Sajivan Ray Son of Late Raghunandan Rai Resident of
Mohalla- New Mainapura PS -Danapur District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Urmila Devi wife of Deep Narayan Singh Resident of Mohalla- New
Mainapura kharnja Road, PS -Danapur District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Danapur P.S. Case No. 1120 of 2022 lodged on 17.10.2022,
for the offence punishable under Sections 420/406 of the Indian
Penal Code.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioner and
8-10 unknown persons. It has been alleged in the FIR that the
petitioner has committed fraud with the informant by taking
money from her in the name of selling land.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10535 of 2026(2) dt.12-03-2026
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petitioner is innocent and has committed no offence. Counsel
submits that the present FIR has been lodged by the informant
on 17.10.2022 and prior to filing of the present FIR, the
informant has also filed a complaint case bearing Complaint
Case No. 972(C) of 2021 with same allegation in which
cognizance has been taken and subsequently, resulted into
compromise and on the basis of the compromise, the accused
petitioner was discharged vide order dated 10.07.2024. The copy
of the same is annexed as Annexure-P/4. Counsel further
submits that the present FIR has been lodged by the informant
with same allegation, whereas, the matter has already been
settled. Counsel submits that before this Hon’ble Court,
vakalatnama has been filed by opposite party no.2, as the name
of her counsel is appearing in the cause list.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that a complaint case
was earlier lodged by the informant in which the petitioner was
discharged under section 245 of the Cr.P.C. vide order dated
10.07.2024 (annexed as Annexure-P/4). Thereafter, the present
FIR has been lodged by the informant with same allegation and
the petitioner is seeking bail in this case.
6. As such, in the present facts and circumstances of
Patna High Court CR. MISC. No.10535 of 2026(2) dt.12-03-2026
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this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Judicial Magistrate 1st Class, Danapur, Patna, in
connection with Danapur P.S. Case No. 1120 of 2022, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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