Patna High Court

Jiyaur Rahman @ Jiyaul Haque @ Zeyaur Rahman @ Jiyau RahmanversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner on the ground that the dispute is essentially civil.

Summary

The petitioner, a wholesale footwear dealer, was named in a 2005 complaint (No. 1570) alleging offences under Sections 420 and 406 of the Indian Penal Code for failing to pay Rs. 1,10,442 to the complainant. The petitioner contended that the dispute was essentially civil, arising from a business transaction, and that he had made partial payments previously. The opposing party opposed the grant of bail, while the complainant (OP No.2) failed to appear despite valid service of notice. The court observed that the matter was primarily a civil dispute and, considering the petitioner’s clean antecedent, directed his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of BNSS. The order effectively secured the petitioner’s liberty pending further proceedings in the underlying criminal case.

Issues considered

Whether bail should be granted when the underlying dispute is civil in nature despite charges under IPC Sections 420 and 406.
Whether the non‑appearance of the complainant affects the grant of bail.

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 406, 420

Subjects

bail
civil dispute
business transaction
Section 420 IPC
Section 406 IPC
Section 438 CrPC
Section 482 BNSS
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28586 of 2024
                  Arising Out of PS. Case No.-1570 Year-2005 Thana- GOPALGANJ COMPLAINT CASE
                                                   District- Gopalganj
                 ======================================================
                 Jiyaur Rahman @ Jiyaul Haque @ Zeyaur Rahman @ Jiyau Rahman Son of
                 Late Md. Islam Village Keshopur, P.S. Thawe, District Gopalganj
                                                                           ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.     Kunwar Singh Son of Late Taker Singh R/o Village- Deoriya, P.S.- Thawe,
                  District- Gopalganj
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Javed Aslam, Adv
                 For the Opposite Party/s :    Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

7   29-01-2026                   Heard the parties.

                                2. The petitioner is named in the complaint case and

                   apprehending his arrest in connection with Complaint Case No.

                   1570 of 2005 registered for the offences punishable under

                   Sections 420 and 406 of the Indian Penal Code.

                                3. As per complaint petition, petitioner was a wholesale

                   dealer of footwear, who after obtaining the goods supplied by

                   complainant failed to pay balance amount of Rs. 1,10,442/- and

                   also stopped to purchase materials from complainant.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that dispute primarily appears civil in

                   nature as matter is arising out of business transactions. It is

                   submitted that on different occasions the payment was made by
               Patna High Court CR. MISC. No.28586 of 2024(7) dt.29-01-2026
                                                           2/2




                         the petitioner, but due to certain business disputes balance

                         payment was not made, which is a subject matter of civil litigation.

                         While concluding argument, it is submitted that petitioner is a man

                         of clean antecedent.

                                      5. Learned APP opposes the prayer of bail.

                                      6. Despite valid service of notice, complainant/O.P. No.

                         2 failed to join the present proceedings.

                                      7. In view of aforesaid factual submission and by taking

                         note of fact as primarily disputes between the parties appears

                         completely civil in nature arising out business transactions,

                         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 J.M. 1 st Class,

                         Gopalganj/concerned Court, where the case is pending in

                         connection with Complaint Case No. 1570 of 2005, 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.)
S.Tripathi/-

U       T

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