Patna High Court
Kanhaiya Lal KesariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments Act (BNSS) — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 418, 420
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
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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
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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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