Patna High Court
Dinesh Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted because the petitioner had obtained the loan by producing fake gold.
Summary
The petitioner, Dinesh Prasad Singh, feared arrest in a case (Mushahari PS Case No.169 of 2024) involving alleged offences under Sections 406, 420, 467, 468, 34 and 120B of the Indian Penal Code for obtaining a gold loan by pledging counterfeit gold. He contended that he had fully repaid the loan with interest and therefore sought anticipatory bail. The Union of India, while acknowledging the repayment, opposed the bail application. The Patna High Court, noting the fraudulent procurement of the loan, declined to grant anticipatory bail. The court dismissed the anticipatory bail petition and ordered the petitioner to surrender within two weeks to apply for regular bail.
Issues considered
- Whether anticipatory bail can be granted to a person accused of obtaining a loan by pledging fake gold under IPC offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 120B, 34, 406, 420, 467, 468
Subjects
- anticipatory bail
- fraud
- gold loan
- Indian Penal Code
- Criminal Procedure Code
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20555 of 2026
Arising Out of PS. Case No.-169 Year-2024 Thana- MUSAHARI District- Muzaffarpur
======================================================
Dinesh Prasad Singh Son of Jageshwar Ram Resident of village- Jamin
mathia, P.s.- Meenapur, District- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Awadhesh Sah Son of Late Ram Swaroop Sah Branch Manager, Union Bank
of india, Rahua Branch, Ps- Mushahari, Dist- Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dilip Kumar Roy
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
For the O.P. No. 02 : Mr. Nishi Nath Ojha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 15-04-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Mushahari P.s. Case No. 169 of 2024 registered
for the offence under Sections 406, 420, 467, 468, 34 and 120B
of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
alleged to have taken loan of Rs. 1,87,000/- after pledging fake
gold for the same.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and he has paid the entire loan amount
along with the admissible interest and therefore he may be
released on bail.
Patna High Court CR. MISC. No.20555 of 2026(3) dt.15-04-2026
2/2
5. Learned counsel for the Union of the India has
supported the aforesaid submission of the learned counsel for
the petitioner regarding the satisfaction of the loan account but
has also opposed the application of the petitioner.
6. Considering the fact that the petitioner had
obtained gold loan by producing fake gold, this Court is not
inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this application for anticipatory bail
is dismissed.
8. The petitioner is directed to surrender in the
Court below within two weeks from today and pray for regular
bail.
(Sandeep Kumar, J)
Vikas/-
U
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