Patna High Court
Birendra Mehta @ Birendra Prasad MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the dispute is primarily civil and, invoking its inherent powers under Section 482(2) of the CrPC, granted bail to the petitioner.
Summary
The petitioner, Birendra Mehta, was arrested in a complaint (Case No.295 of 2023) alleging offences under IPC sections 147, 323 and 420 for allegedly receiving Rs 5 lakh under an agreement dated 10‑11‑2020 and failing to execute a sale deed. The petitioner contended that the matter was essentially a civil dispute over a sale transaction, noting that only Rs 50,000 was transferred to his son’s UPI account and the rest was purportedly paid in cash. The complainant argued that the full payment was made in cash. The court examined the factual submissions and, considering the dispute to be primarily civil, exercised its inherent powers under Section 482(2) of the Criminal Procedure Code to grant bail. The petitioner was released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions laid down by the Additional Sessions Judge‑II, Madhepura. The order effectively disposed of the petition for bail.
Issues considered
- Whether the criminal complaint under IPC sections 147, 323 and 420 is maintainable given that the underlying dispute is civil in nature
- Whether bail should be granted to the petitioner pending trial
- Whether Section 482(2) of the Criminal Procedure Code can be invoked to release the petitioner
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 323, 420
Subjects
- bail
- civil dispute
- criminal complaint
- Indian Penal Code
- Section 482
- sale deed
- cheating
- rioting
- voluntarily causing hurt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33035 of 2025
Arising Out of PS. Case No.-295 Year-2023 Thana- COMPLAINT CASE - UDA-
KISHUNGANJ District- Madhepura
======================================================
Birendra Mehta @ Birendra Prasad Mehta S/O Late Laxmi Mehta Resident of
Village- Garhia Balua, P.S- K. Nagar, Distt.- Purnea (Bihar).... ... Petitioner/s
Versus
1. The State of Bihar.
2. Santosh Kumar S/O Rabindra Kumar Mehta R/O Village- Tararahi, Ward
No. 18, P.S- Bihariganj, Distt.- Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his arrest
in connection with Complaint Case No. 295 of 2023
registered for the offences punishable under Sections 147,
323 and 420 of the Indian Penal Code.
3. As per complaint, the petitioner after receiving
cash of Rs. 5 lacs in terms of agreement dated 10.11.2020
failed to execute the sale deed, for which the agreement was
executed.
4. It is submitted by learned counsel appearing on
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behalf of the petitioner that the present criminal case is
completely unoccasioned and unwarranted as dispute
between the parties primarily appears civil in nature. It is
submitted that on the assurance, the agreement was signed
by the petitioner but only Rs. 50,000/-was transferred to the
UPI account of son of the petitioner.
5. Both parties appeared in person in support of
their claim.
6. It is submitted by learned counsel appearing for
the complainant/opposite party no. 2 that the payment was
made in cash.
7. In view of aforesaid factual submissions and by
taking note of fact as dispute primarily civil in nature,
accordingly, above named petitioner, in the event of his arrest
or surrender before the learned trial Court, within a period of
four weeks of the order, 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 Additional Sessions Judge-II,
Madhepura/concerned Court, where the case is pending in
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connection with Complaint Case No. 295 of 2023 subject to
the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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