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Patna High Court

SANJAY SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioner, Sanjay Singh, sought anticipatory bail after being charged under multiple sections of the Indian Penal Code for alleged assault and theft related to a loan dispute with the informant, who is his sister-in-law. The informant claimed the petitioner had taken a loan of Rs. 4,50,000 and later assaulted her and her daughter when she demanded repayment, leading to a criminal FIR. The petitioner argued that the dispute is essentially civil and that the criminal case was filed to coerce repayment, and he highlighted that the alleged injuries were not to a vital part of the body. The court examined the nature of the allegations, the injury report, and the fact that the informant could have pursued civil remedies, concluding that the criminal complaint did not warrant denial of bail. Relying on Section 438(2) of the Criminal Procedure Code, the court granted anticipatory bail with conditions of bail bonds and sureties. The order also noted that the matter would proceed on its merits after the bail is secured.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in a case involving alleged assault and loan recovery.
  • Whether the dispute is civil in nature and thus unsuitable for criminal prosecution.
  • Whether the alleged injuries constitute a serious offence warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Indian Penal Code
  • civil dispute
  • loan recovery
  • assault
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.19633 of 2021
                  Arising Out of PS. Case No.-383 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua)
                  ======================================================
                  Sanjay Singh Son Of Late Gopal Singh Resident Of Village- Kurra, Lp.S.-
                  Mohania, District- Kaimur (BHABUA).

                                                                                  ... ... Petitioner/S
                                                        Versus
                  The State Of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Uday Narayan Singh, Adv.

                  For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

12   01-05-2026                   1. Heard learned counsel for the petitioner, learned

                    A.P.P. for the State Mr. Chandra Bhushan Prasad and the learned

                    counsel appearing on behalf of the informant.

                                  2. The petitioner apprehends his arrest in a case

                    registered for the offences punishable under Sections 341, 323,

                    325, 354(B), 427, 308, 379, 420, 406, 504, 506 of the Indian

                    Penal Code.

                                  3. Learned counsel appearing on behalf of the

                    informant, at the outset, submits that petitioner had moved this

                    Court seeking anticipatory bail by filing the instant criminal

                    miscellaneous. It is submitted that the case was taken up on

                    10.05.2022, when petitioner before this Court on his own

                    volition and without any coercion had agreed to pay an amount
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          of Rs. 4,50,000/- to the informant, based on which, the learned

          Co-ordinate Bench granted the privilege of provisional

          anticipatory bail to the petitioner for a period of six months with

          a condition that at the time of furnishing bail bonds, the

          petitioner will deposit a demand draft of Rs. 50,000/-. It is

          submitted that petitioner in compliance of the order dated

          10.05.2022, submitted a demand draft of Rs. 50,000/- and

          thereafter he was granted the privilege of provisional

          anticipatory bail for a period of six months, but then petitioner

          became wise and filed Criminal Miscellaneous No. 43723 of

          2022, seeking modification of the order dated 10.05.2022 in

          Criminal Miscellaneous No. 19633 of 2021, for extending the

          time of repaying the rest of the amount. It is submitted that the

          learned Co-ordinate Bench by an order dated 24.08.2022

          allowed the modification application and the order dated

          10.05.2022 in Criminal Miscellaneous No. 19633 of 2021 was

          modified to the extent that the entire amount shall be paid to the

          other side within a period of one year from the date of passing

          of the order in the modification application.

                       4. At this stage, learned counsel appearing on behalf

          of the petitioner submits that based on instruction of the

          petitioner, the said submission was made before the learned Co-
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          ordinate Bench on 10.05.2022 that petitioner is ready to return

          an amount of Rs. 4,50,000/-, based on which, the order dated

          10.05.2022 came to be passed. It is next submitted that after the

          petitioner obtained provisional bail thereafter he sought legal

          advice and then he came to know that even after paying Rs.

          4,50,000/-, the case against him will continue, on which the

          learned counsel appearing on behalf of the informant submits

          that had the amount been repaid to the informant in terms of the

          undertaking given by the petitioner before this Court on

          10.05.2022, in that event, the case would have been

          withdrawn/compromised, but then petitioner became wise and

          very conveniently hoodwinked the orders of this Court after

          seeking provisional anticipatory bail.

                       5. Learned counsel appearing on behalf of the

          informant      next     submits      that    petitioner   after   obtaining

          provisional anticipatory bail, moved before the Hon’ble

          Supreme Court by filing SLA (Criminal) No. 12706/12707 of

          2022 against the order dated 10.05.2022 in Criminal

          Miscellaneous No. 19633 of 2021 and the order dated

          24.08.2022 in Criminal Miscellaneous No. 43723 of 2022 i.e.

          the order by which the time for paying the amount was

          extended.
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                       6. At this stage, the learned counsel appearing on

          behalf of the petitioner submits that SLA (Criminal) No.

          12706/12707 of 2022 dated 15.02.2023 restored the Criminal

          Miscellaneous No. 19633 of 2021 and remanded the matter back

          for re-consideration of the case on merits.

                       7. Learned counsel appearing on behalf of the

          petitioner next submits that in terms of the order of remand by

          the Hon’ble Supreme Court, the case now has to be adjudicated

          on merits. It is next submitted that in sum and substance the

          allegation is that the informant who is Bhabhi of the petitioner

          alleges that petitioner had taken a loan of Rs.4,50, 000/- from

          her assuring that at the time of marriage of her daughter he will

          bear the expenses but then when the daughter of the informant

          attained the marriageable age, the petitioner refused, further on

          03.12.2020, the informant had gone to the house of the

          petitioner for seeking her money back when she was assaulted

          by lathi and danda causing injury on hand and even a finger of

          her hand got fractured, requiring 20 stitches and also snatched

          her mobile, further the accused snatched chain and ear-ring of

          her daughter and even dashed the mobile of her daughter, on

          account of which, it broke, the injured were taken to the

          hospital.
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                       8. Learned counsel for the petitioner next submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that in sum and substance the dispute is civil in nature.

          It is further submitted that if informant was aggrieved by the

          fact that petitioner is not returning the amount which he had

          taken from her, in that event, the informant could have moved

          before a court of competent civil jurisdiction by filing an

          appropriate application seeking recovery of the loan amount,

          where petitioner would have got an opportunity to either accept

          or rebut her claim but then a criminal case came to be instituted

          with an intent to coerce the petitioner into submission so that he

          parts with fanciful demand of the informant under fear of arrest.

          It is also submitted that no doubt the allegation of assault is also

          alleged against the petitioner but then it is submitted that

          Mohaniya P.S. Case No.295 of 2019 came to be instituted by the

          father of the informant against unknown alleging killing of his

          son i.e. husband of the present informant, in which the present

          petitioner is also a witness. It is submitted that though

          Mohaniya P.S. Case No.295 of 2019 was instituted against

          unknown but during the course of investigation the involvement

          of the informant and her son transpired as the main accused. It is

          further submitted that the instant case has been instituted by way
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          of a counter blast to Mohaniya P.S. Case No.295 of 2019 so that

          petitioner is coerced into submission and does not give evidence

          in the trial arising out of Mohaniya P.S. Case No.295 of 2019. It

          is further submitted that even presuming what has been alleged

          in the FIR to be true with regard to assault then the assault is not

          on vital part of the body but then the same is an aspect of

          investigation and trial whether informant and her daughter were

          assaulted by the petitioner or not. It is reiterated and submitted

          that the FIR has been instituted for recovering the loan amount

          which the informant alleges had given to the petitioner.

                       9. Learned APP and the learned counsel appearing on

          behalf of the informant opposes the anticipatory bail application

          of the petitioner. Learned counsel for the informant submits that

          there is specific allegation of assaulting the informant and her

          daughter and the injury suffered by the injured has been opined

          to be grievous in nature but then fairly submits that the injury is

          on hand and also relied on a supplementary injury report dated

          23.12.2020. At this stage, the learned counsel appearing on

          behalf of the petitioner submits that from perusal of the

          supplementary injury report, it would manifest that the same

          records- the digital x-ray of the left elbow and the left hand done

          on 23.12.2020 at Aditya Diagnostic Center, Mohaniya, Ward
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          No.15 confirmed the above finding. It was done to obtain

          greater bonee resolution. It is thus submitted that the digital x-

          ray was done on 23.12.2020, when the occurrence is alleged to

          have taken place on 03.12.2020 but then fairly submits that even

          presuming what has been alleged is true without admitting then

          the injury is not on vital part of the body. The learned counsel

          appearing on behalf of the informant is not in a position to rebut

          the submissions of the learned counsel appearing on behalf of

          the petitioner that injury is not on vital part of the body and that

          informant is an accused in Mohaniya P.S. Case No.295 of 2019,

          in which, petitioner is a witness and also the submission that if

          the petitioner was not returning the amount which he had taken

          by way of loan from the informant, in that event, the informant

          ought to have approached a court of competent civil jurisdiction

          for recovering her money back instead of instituting a criminal

          case.

                       10. After hearing the learned counsel for the parties,

          the court is in agreement with the submission of the learned

          counsel for the petitioner, hence 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

          bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
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                       of the like amount each to the satisfaction of the learned trial

                       court where the case is pending/successor court in connection

                       with Mohaniya P.S. Case No.383 of 2020, subject to the

                       conditions as laid down under Section 438 (2) of the Cr.P.C.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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