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Patna High Court

Raj Kumar SinhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Raj Kumar Sinha and his wife Poonam Sinha, obtained an overdraft loan of Rs.42 lakh from ICICI Bank under the Rural Business Credit Scheme, using the wife’s property as security. They allegedly failed to repay the loan, absconded, and the mortgaged property was later found to have been sold to a third party. Consequently, they were charged under Sections 467, 468, 471, 419, 420, 406, 120B and 34 of the Indian Penal Code. The petitioners filed a petition seeking anticipatory bail, claiming innocence and attributing the case to a commercial dispute with the bank. The State and the bank opposed the bail, emphasizing the specific accusations and the seriousness of the offences. The High Court, after considering the facts and the direct nature of the accusations, rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners charged with fraud, cheating, criminal breach of trust and conspiracy under the IPC.

Legislation cited

Subjects

  • anticipatory bail
  • loan default
  • fraud
  • mortgage
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2923 of 2026

                       Arising Out of PS. Case No.-214 Year-2020 Thana- DANAPUR District- Patna
                 ======================================================
           1.    Raj Kumar Sinha S/o- Late Sheo Shankar Sinha Village- Sheo Shankar
                 Niwas, Bank Colony, Gola Road, Danapur Cant PS- Danapur @ Dnapapur,
                 Dist- Patna
           2.    Poonam Sinha W/o- Raj Kumar Sinha Village- Sheo Shankar Niwas, Bank
                 Colony, Gola Road, Danapur Cant PS- Danapur @ Dnapapur,, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    The Branch Manager, ICICI Bank Ltd. Regional Processing Centre, Veena
                 Niwas Patliputra Path, Rajendra Nagar, Road No-10G, Ps- Kadamkuan Dist-
                 Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Mritunjay Kumar, Advocate
                 For the State           :        Mr. Binod Kumar, APP
                 For the Bank            :        Mr. Dhananjay Kashyap, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   22-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the Bank/Opposite Party

                   No. 2.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 467, 468,

                   471, 419, 420, 406, 120B and 34 of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that both these
Patna High Court CR. MISC. No.2923 of 2026(5) dt.22-04-2026
                                            2/3




          petitioners obtained O.D. loan of about Rs. 42,00,000/- from

          I.C.I.C.I. Bank under the Rural Business Credit Scheme against

          a property owned by Petitioner No. 2 and thereafter, they failed

          to repay the loan and interest and absconded without payment. It

          is further alleged that later on, it was discovered that the

          mortgaged property had already been sold to a third party.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioners have falsely been

          implicated in this case due to commercial dispute with the Bank.

          Petitioners claim clean antecedents.

                       5. On the other hand, learned A.P.P. for the State and

          learned counsel for the Bank have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioners and

          submitted that petitioners are named in the F.I.R. and there is

          specific accusation that these two petitioners took O.D. loan

          facility from the Bank in the year 2016-17 keeping a property as

          guarantee and thereafter, absconded the repayments and also

          sold the mortgaged land illegally.

                       6. Considering the facts and circumstances of the case

          and specific and direct nature of accusation, the prayer for grant
             Patna High Court CR. MISC. No.2923 of 2026(5) dt.22-04-2026
                                                         3/3




                       of anticipatory bail to the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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