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Patna High Court

VIMLENDU KR. SINGH @ BIMLENDU SINGH @ B.K. SINGHversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the dispute is primarily civil and granted bail to the petitioner under Section 482(2) of the Bhartiya Nayay Sanhita.

Summary

The petitioner, Vimlendu Kr. Singh, was arrested in connection with a complaint alleging that he cheated an informant and her daughter of Rs 16 lakh by taking a loan and issuing a cheque that later bounced. The FIR was filed under Sections 316(2) and 318(4) of the Bhartiya Nayay Sanhita, although the defence argued that the dispute was essentially civil and should have been pursued under Section 138 of the Negotiable Instruments Act. The petitioner sought bail, contending that the amount in dispute was Rs 6 lakh, which he was ready to pay, and that the matter was a loan recovery issue. The State opposed bail, maintaining that the cheque was dishonoured and the offence was cognizable. The Court, noting that the primary issue appeared to be a civil loan recovery and that the FIR was unwarranted, granted bail subject to a bond and sureties under Section 482(2) of the BNSS. The order directed the petitioner’s release pending trial in the Purnea Sessions Court.

Issues considered

  • Whether the FIR under Sections 316(2) and 318(4) of the BNSS is appropriate for a cheque bounce dispute.
  • Whether the petitioner is entitled to bail pending trial.
  • Whether the matter is civil in nature and should be dealt with under the Negotiable Instruments Act.

Legislation cited

Subjects

  • bail
  • cheating
  • civil dispute
  • loan recovery
  • cheque bounce
  • Negotiable Instruments Act
  • criminal procedure
  • Section 316
  • Section 318
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1187 of 2025
                       Arising Out of PS. Case No.-95 Year-2024 Thana- Madhubani T District- Purnia
                 ======================================================
                 Vimlendu Kr. Singh @ Bimlendu Singh @ B.K. Singh S/O Jayendra Kumar
                 Singh R/O Laxmipur, P.S.- Barhara Kothi, Dist- Purnia. ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar.
           2.     Pratima Devi W/o- Shankar Deo Jha, R/O- Shashtri Nagar, Sipahi Tola,
                  Ward No. 3, P.S.-Madhubani, Dist- Purnea.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Advocate
                                                   Mr.Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Anil Kumar Singh No. 1, APP
                 for the Informant        :        Mr. Amarnath Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

9   19-01-2026                   Heard learned counsel appearing on behalf of the

                   petitioner, learned Additional Public Prosecutor appearing on

                   behalf of the State and learned counsel appearing on behalf of the

                   informant.

                                 2. The accused/petitioner apprehending his arrest in

                   connection with Madhubani P.S. Case No. 95 of 2024 registered

                   for the offences punishable under Sections 316(2), 318(4) of

                   Bhartiya Nayay Sanhita.

                                 3. As per FIR, petitioner alleged to cheat informant and

                   her daughter to the tune of Rs. 16 lacs, where it appears that the

                   initial demand for money was made as a loan to return the same

                   within 2-3 months. It also alleged that the cheque which was given

                   on 26.08.2024, on presentation before the bank concerned was
Patna High Court CR. MISC. No.1187 of 2025(9) dt.19-01-2026
                                            2/3




          dishonoured on 27.08.2024 in want of sufficient fund.

                        4. It is submitted by Mr. N.K. Agrawal, learned senior

          counsel appearing on behalf of the petitioner that primarily the

          dispute appears civil in nature. It is also submitted that in fact the

          transaction was limited with Rs. 6 lacs, which petitioner is ready to

          pay at any point of time. It is also submitted that a separate case

          was filed by daughter of the informant also with same allegation.

          In this context, it is submitted that proceedings in actual be

          initiated under Section 138 of the Negotiable Instrument Act for

          dishounoring of the cheque but instead of           same, straightway

          present FIR was filed, which is completely unwarranted and

          unoccassioned.

                        5. While arguing further, it submitted by Mr. Agrawal

          that the informant/complainant may take steps in civil side to

          recover the payment over 6 lacs, if it was made genuine to this

          petitioner.

                        6. Learned APP, duly assisted by learned counsel Mr.

          Amarnath Jha, appearing on behalf of the informant, while

          opposing the prayer of bail submitted that in actual the payment

          was made total of Rs. 16 lacs by the informant and her daughter

          but as the original bond given by petitioner to the informant and

          her daughter was collected by him, informant is not in position to
              Patna High Court CR. MISC. No.1187 of 2025(9) dt.19-01-2026
                                                          3/3




                        place the same before the court.

                                     7. In view of aforesaid factual submissions and by

                        taking note of fact as primarily dispute appears civil in nature,

                        related with recovery of loan as given by the informant to the

                        petitioner, accordingly, above named petitioner, in the event of his

                        arrest or surrender before the learned trial Court, within a period

                        of four weeks of the order, is directed to be released on bail

                        furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with

                        two sureties of the like amount each to the satisfaction of the

                        learned District and Sessions Judge-III, Purnea/concerned Court,

                        where the case is pending in connection with Madhubani P.S. Case

                        No. 95 of 2024 subject to the conditions as laid down under

                        Section 482(2) of the BNSS.



                                               (Chandra Shekhar Jha, J)
veena/-

U         T


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