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Patna High Court

Mahesh DevversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioner, Mahesh Dev, was implicated in a criminal complaint alleging misappropriation of funds, fraud, and other offences arising from a dispute with his brother over a private limited company and a mortgaged flat. The complaint, filed under several sections of the Bharatiya Nyaya Sanhita, stemmed from a family disagreement regarding loan repayment and the partition of ancestral property. The petitioner argued that the matter was essentially a civil dispute that should have been resolved under the Companies Act or before the Debt Recovery Tribunal, and that the criminal case was filed to coerce him. He sought anticipatory bail to avoid arrest, citing a prior anticipatory bail order granted to his wife. The court, after considering the submissions, granted anticipatory bail subject to a cash bond and sureties, invoking Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged fraud and misappropriation under the BNSS.
  • Whether the criminal complaint is an appropriate remedy for a civil dispute concerning company management and property partition.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • civil dispute
  • company law
  • loan default
  • mortgage
  • misappropriation
  • Section 482
  • BNSS
  • family dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16438 of 2026
                 Arising Out of PS. Case No.-16082 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Mahesh Dev S/O Late Krishna Chandra Sah Resident of Mahesh Nagar, Road
                 no. 1, P.S- Patliputra, District- Patna, Bihar.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Dev Braham Sah S/O Late Krishna Chandra Sah R/O Mahesh Nagar, Road
                 No. 1, P.S- Patliputra, P.O- Keshari Nagar, Distt.- Patna, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Sharma, Sr. Adv
                                                 Mr.Puneet Siddhartha, Adv
                 For the Opposite Party/s :      Mr.Uday Pratap Singh, APP
                                                 Md. Naushad Uzzoha, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026               1.     Heard learned counsel senior for the petitioner, Sri

                   Ramakant Sharma; learned A.P.P. for the State and learned

                   counsel appearing on behalf of the informant.

                             2.     The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 316(2),

                   318(4), 336(1), 338, 351(2), 351(3), 61(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                             3.     Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that he along with his brother stated a private company in the

                   name of MDS Infra Nirman Pvt. Ltd. registered under the
Patna High Court CR. MISC. No.16438 of 2026(2) dt.07-04-2026
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          Companies Act and both were directors of the company, the

          company took loan from Canara Bank, the Bank granted loan to

          the company and the loan was secured by way of mortgage of

          commercial flat No. 202 having built up area of 1204 sq. ft at

          Paijat Business Centre, Fraser Road, Patna, further cash credit

          loan facility was given to the company up to the extent of Rs. 30

          lakhs, next alleges that mother of the complainant and the

          petitioner, namely, Sandhya Devi was the owner of the flat no.

          202, further Sandhya Devi died on 28-2-2020, who was the

          guarantor of the loan, leaving behind 3 sons including the

          complainant and the petitioner as her legal heirs, further

          complainant and his brother Vishnu were of the view of freeing

          the flat from mortgage after paying the loan amount, so that the

          property could be partitioned amongst the three brothers, but the

          petitioner did not agree and stopped paying the loan amount,

          further complainant in April 2025 wrote a letter to the Bank for

          ending the old Board resolution and to create a new Board of

          Directors, further complainant received an e-mail from the

          company that petitioner is intending to induct his wife (Jyoti) as

          Director of the company. It is further alleged that the petitioner

          usurped Rs. 1 crore which was lying in the account of the

          company for his own use, next alleges that cash credit of the
Patna High Court CR. MISC. No.16438 of 2026(2) dt.07-04-2026
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          company was classified as NPA on 5-3-2022 and the flat was

          put on auction by the Bank and the same was purchased by Jyoti

          Devi for an amount of Rs. 46,16,000/- and the Bank again gave

          loan of Rs. 17 lakhs against the said property, which amply

          demonstrates the connivance of the Bank with the petitioner. It

          is also alleged that petitioner had already filed a Title Partition

          Suit No. 148 of 2021 for partitioning the ancestral property

          including the mortgaged property claiming his one-third share in

          the ancestral property.

                   4.     Learned senior counsel for the petitioner submits

          that petitioner has been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that the

          complainant and the petitioner are own brothers and they had

          formed a private limited company and had taken a loan from the

          bank after mortgaging their ancestral flat in the name of their

          mother. It is further submitted that it absolutely does not stand to

          reason that as to why a criminal case was instituted with respect

          to dispute which arose as alleged in the complaint. It is also

          submitted that the right course for the complainant for getting

          the issue resolved was through the procedure prescribed in the

          Company Act or by approaching the DRT. It is further submitted
Patna High Court CR. MISC. No.16438 of 2026(2) dt.07-04-2026
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          that of late a tendency is growing to settle civil dispute by filing

          criminal cases. It is next submitted that criminal cases are filed

          with a view to coerce the accused into submission so that the

          accused       parts     with      the      fanciful   demand   of   the

          informant/complainant. It is submitted that if what has been

          alleged in the instant complaint is a correct fact, then the

          complainant ought to have approached a court of competent

          jurisdiction where petitioner also could have appeared and

          would have got an opportunity to rebut the claim of the

          complainant but then in criminal cases it is difficult for an

          accused to put his defence as there is fear of arrest. It is also

          submitted that Jyoti Devi had approached this Court seeking

          anticipatory bail by filing Cr. Misc No. 73450 of 2025 and the

          same came to be allowed by an order dated 17-11-2025 passed

          by a learned Co-ordinate Bench.

                   5.     Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          senior counsel for the petitioner, the petitioner above-named, in

          the event of his arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail
              Patna High Court CR. MISC. No.16438 of 2026(2) dt.07-04-2026
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                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Complaint Case No. 16082(C) of 2024, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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