Patna High Court
Raj Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 120B, 34, 406, 419, 420, 467, 468, 471
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
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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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