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Patna High Court

Sudhir Kumar SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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