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Patna High Court

Kanhaiya Lal KesariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the matter is essentially civil in nature and granted bail to the petitioner.

Summary

The petitioner, Kanhaiya Lal Kesari, was named in a criminal complaint (No. 13930C of 2022) alleging offences under Sections 418 and 420 of the IPC for failing to return a Rs.10 lakh loan made under an agreement dated 12‑04‑2018. The agreement, including a security cheque, was not contested, though the complainant’s signature was missing. Counsel for the petitioner argued that the dispute was purely civil, as the agreement itself stipulated the mode of recovery, and therefore the criminal case was unwarranted. The court accepted that the matter was essentially a civil dispute and, applying the provisions of Section 438(2) CrPC and Section 482(2) of the BNSS, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties. The order effectively disposed of the petition by granting bail.

Issues considered

  • Whether a civil dispute over repayment of a loan can give rise to a criminal prosecution under Sections 418 and 420 IPC.
  • Whether bail should be granted to the petitioner pending resolution of the underlying civil dispute.

Legislation cited

Subjects

  • bail
  • civil dispute
  • criminal complaint
  • IPC 418
  • IPC 420
  • Section 438 CrPC
  • Section 482 BNSS
  • loan recovery
  • civil vs criminal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17799 of 2025
                 Arising Out of PS. Case No.-13930 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Kanhaiya Lal Kesari S/o Prahlad Prasad R/o Patliputra Industrial Area,
                 Patliputra Colony, P.S.- Patliputra, Distt.- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Vijay Kumar Yadav S/o Yamuna Prasad Yadav R/o 174, Grand Apartment,
                 Frazer Road, P.s.- Kotwali, Distt.- Patna
           3.    Shyamal Kishore Jha S/o (not known), R/o - 174, Grand apartment, Fraser,
                 Road, Patna, P.S. Kotwali, Dist.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjay Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   07-01-2026                    Heard the parties.

                                2. The petitioner is named in the complaint case and

                   apprehending his arrest in connection with Complaint Case

                   No. 13930C of 2022 registered for the offences punishable

                   under Sections 418 and 420 of Indian Penal Code.

                                3. The allegation against petitioner is not to return

                   Rs. 10 lakh which was taken as a loan from complainant in

                   terms of agreement dated 12.04.2018.

                                4. At the outset, it would be appropriate to point out

                   that aforesaid agreement was not disputed either by learned
Patna High Court CR. MISC. No.17799 of 2025(7) dt.07-01-2026
                                            2/3




          counsel for the petitioner or learned counsel for the

          complainant / O.P. No. 2 particularly in view of the fact that

          the signature of complainant/ O.P. No. 2 is missing over

          there.

                       5. It is submitted by learned counsel appearing on

          behalf of the petitioner that disputes is civil in nature for

          which the present criminal case is completely un-occasioned

          and unwarranted as the clause-7 of agreement dated

          12.04.2018, speaks in itself that how Rs. 10 lakh can be

          recovered from petitioner in case he fails to return the same.

          However, a cheque of Rs. 10 lakh dated 16.09.2019 was also

          given to complainant as security, as drawn from for “Andhra

          Bank” bearing no. “000106”. While concluding argument, it is

          submitted that petitioner is a man of clean antecedent.

                       5. Aforesaid factual submissions and the clause as

          incorporated in agreement itself as submitted aforesaid could

          not disputed by learned counsel for the informant/ O.P. No. 2.

                        6. In view of aforesaid factual submission and by

          taking note of fact as the disputes primarily civil in nature,

          where the mode of return already decided by parties
              Patna High Court CR. MISC. No.17799 of 2025(7) dt.07-01-2026
                                                          3/3




                        themselves, accordingly petitioner above-named, in the event

                        of his arrest or surrender before the court below within a

                        period of four weeks, 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 CJM, Patna /concerned Court, where the case is

                        pending in connection with Complaint Case No. 13930C of

                        2022, subject to the conditions as laid down under Section

                        438(2) of the Cr.P.C/ Section 482(2) of BNSS.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-

U         T


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