Patna High Court
Sudhir Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, as the dispute is essentially civil and the petitioners have clean antecedents, anticipatory bail is warranted under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Sudhir Kumar Sinha and Rahul Sinha were named in an FIR for allegedly cheating an informant by taking an advance of Rs. eight lakh and failing to supply Conoweeder machines. They contended that the money was transferred to M/s Agrotech Industries, of which they are franchisees, and that the failure to deliver was due to business hardship, making the dispute essentially civil. The petitioners, who have clean antecedents, sought anticipatory bail. The State opposed the bail. The Court observed that the matter appears to be a civil dispute and, considering the petitioners' clean record, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the FIR constitutes a criminal offence or merely a civil dispute
- Whether anticipatory bail is appropriate under the applicable statutes
- Whether the petitioners' clean antecedent warrants grant of bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 406, 420, 504, 506/34
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- civil dispute
- cheating
- franchisee
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- Section 438
- Section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10707 of 2026
Arising Out of PS. Case No.-145 Year-2022 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Sudhir Kumar Sinha Son of Late Baidyanath Prasad Sinha Resident of A
-56, Shobha Bhawan, Indirapuri Colony, Phulwari District -Patna
2. Rahul sinha @ Rahul Kumar Sinha Son of Sudhir Kumar Sinha Resident of
A -56, Shobha Bhawan, Indirapuri Colony, Phulwari District -Patna
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Binit Kumar, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Gaya Muffasil
P.S. Case No. 145 of 2022 registered for the offences
punishable under Sections 406, 420, 504, 506/34 of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, petitioners, after receiving advance of
Rs. Eight Lakhs, failed to supply the Conoweeder machines
(an agricultural equipment) to the informant.
4. Learned counsel appearing on behalf of the
petitioners submitted that the amount, as received by the
Patna High Court CR. MISC. No.10707 of 2026(2) dt.24-02-2026
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petitioners from the informant on same very day, was
transferred to the account of M/s Agrotech Industries. In
support of his submission, learned counsel drawn the
attention of this Court towards the documents which is
Annexure P/2 series of the present bail petition.
5. It is submitted tat petitioners are the franchisee of
M/s Agrotech Industries and due to business hardship
Conoweeder machine could not supply to the informant within
the time frame by M/s Agrotech Industries. It is submitted
that beside that petitioners are also the business partners of
the informant and, moreover, facial perusal of the FIR
suggest that dispute is civil in nature for which the present
criminal case is completely unoccasioned and unwarranted.
Petitioners claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. In view of the aforesaid factual submissions and by
taking note of the fact as dispute primarily appears civil in
nature, accordingly, both above-named petitioners, who are
men of clean antecedent, in the event of their
Patna High Court CR. MISC. No.10707 of 2026(2) dt.24-02-2026
3/3
arrest/surrender within a period of four weeks from this
order, are directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Gaya Ji/concerned court in
connection with Gaya Muffasil P.S. Case No. 145 of 2022,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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