Patna High Court
Sachchidanand SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the matter is essentially a civil loan recovery dispute pending before the DRT, and the court exercised its inherent powers under Section 482(2) of the CrPC.
Summary
Sachchidanand Singh was arrested in connection with a 2019 complaint alleging cheating under Section 420 IPC for allegedly impersonating a co‑owner to mortgage land and obtain a Rs 5 lakh loan from Madhya Gramin Bank. The petitioner contended that the loan was secured only against his share of the land, that the co‑owner was aware of the mortgage, and that the recovery of the loan is already pending before the Debt Recovery Tribunal (DRT). The State and the co‑owner opposed bail, arguing the petitioner was the sole drawee of the loan. The bank submitted that the DRT had ordered recovery of Rs 12,20,440 with interest. The court observed that the dispute primarily concerned civil recovery of a loan, a matter already before the DRT, and therefore exercised its inherent powers to grant bail. Accordingly, the petitioner was released on bail of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged cheating under Section 420 IPC when the underlying dispute is civil in nature and pending before the DRT.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 420
Subjects
- bail
- Section 420 IPC
- loan recovery
- civil dispute
- Debt Recovery Tribunal
- inherent powers
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3316 of 2025
Arising Out of PS. Case No.-361 Year-2019 Thana- COMPLAINT CASE - BIKRAMGANJ
District- Rohtas
======================================================
Sachchidanand Singh, Son of Late Shivmukh Singh R/o Village -Gopalpur,
PS -Dinara , Dist -Rohtas. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Vivekanand Singh son of Late Shivmukh Singh R/o Village -Gopalpur, PS
-Dinara , Dist -Rohtas.
3. Madhya Gramin Bank Basdihan, District- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
For the opposite party no. 2: Mr. Ramchandra Singh, Advocate
Mr. Shankar Kumar, Advocate
Mr. Radh Krishna, Advocate
For the Respondent/Bank: Mr. Ajit Kumar Sinha, Advocate
Ms. Dilkash Khan, Advocate
Ms. Zeba Akhtar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
13 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. 361 of 2019 registered for
the offences punishable under Section 420 of the Indian Penal
Code.
3. As per FIR, petitioner alleged to cheat complainant as
he by way of impersonating him mortgaged the property of his
share and obtained the bank loan of Rs. 5 lacs.
Patna High Court CR. MISC. No.3316 of 2025(13) dt.28-01-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner obtained loan only against
his share of land and this fact was in knowledge of the
complainant. It is further submitted that for recovery of the loan, a
proceeding is pending before the DRT. It is submitted that
whatever liability will finalized by DRT shall be paid by this
petitioner absolving the liability of opposite party no. 2.
5. In view of all such background, it is pointed out by
the learned counsel appearing for the petitioner that disputes
appears primarily civil in nature.
6. Learned APP opposed the prayer of bail.
7.Learned counsel appearing for complainant/opposite
party no. 2, while opposing the prayer of bail submitted that the
complainant was not aware about the mortgage, as submitted
aforesaid. It is submitted that entire loan was drawn by the
petitioner.
8. It is submitted by learned counsel appearing for
Madhya Gramin Bank/opposite party no. 3 that certificate case is
pending before the DRT, which ordered that amount of Rs.
12,20,440/- as on 30.09.2015 alongwith pendentelite and future
interest @ 10% p.a. simple from 01.10.2015 till realization of the
entire sum due and recoverable with costs. In support of his
Patna High Court CR. MISC. No.3316 of 2025(13) dt.28-01-2026
3/3
submission, learned counsel supplied the related documents across
the board, which was taken on record.
9. In view of aforesaid factual submissions and by
taking note of fact as the disputes primarily appears related with
recovery of loan, which is of civil in nature, for which a separate
proceeding is pending before DRT, Patna, as submitted aforesaid
by opposite party no. 3, 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-12, Rohtas at
Sasaram/concerned Court, where the case is pending in
connection with Complaint Case No. 361 of 2019 subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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