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Patna High Court

Vijay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the dispute is civil in nature and the petitioners are entitled to anticipatory bail.

Summary

Vijay Singh and his son Chandan Kumar were named in an FIR for alleged cheating of Rs. 15 lakh under several sections of the Bhartiya Nyay Sanhita, 2023. They contended that the underlying dispute was civil, arising from a cancelled business agreement with the informant's wife, and that they have clean antecedents. The State opposed their anticipatory bail application. The court examined the nature of the dispute and the applicability of Sections 438 of the Cr.P.C. and 482 of the Bhartiya Nagarik Suraksha Sanhita. Finding the matter essentially civil and the agreement rescinded, the court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond and sureties, subject to standard conditions. The order directs the lower court to grant bail within four weeks of arrest or surrender.

Issues considered

  • Whether the allegations constitute a criminal offence justifying denial of anticipatory bail
  • Whether the dispute is essentially civil, warranting grant of anticipatory bail
  • Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482 BNSS

Legislation cited

Subjects

  • anticipatory bail
  • cheating
  • civil dispute
  • clean antecedent
  • Bhartiya Nyay Sanhita
  • Section 438
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40908 of 2026
                  Arising Out of PS. Case No.-1348 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
           1.     Vijay Singh Son of Late Dhanushdhari Singh Resident of Rastriyaganj, P.S.-
                  Phulwarisharif, District- Patna, Bihar.
           2.     Chandan Kumar Son of Vijay Singh Resident of Rastriyaganj, P.S.-
                  Phulwarisharif, District- Patna, Bihar.
                                                                    ... ... Petitioners
                                                      Versus
                 The State of Bihar
                                                              ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Basant Kumar Tripathy, Advocate
                 For the Opposite Party/s :      Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Phulwarisharif

                   (Janipur P.S.) P.S. Case No. 1348 of 2025 registered for the

                   offences punishable under Sections 316(2), 318(4), 324(5),

                   126(2), 115(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the

                   ‘B.N.S.’).

                             3. As per FIR, informant alleged that petitioner no. 1

                   executed an agreement with his wife for business purpose, but

                   not acted upon and thus by cheated Rs. 15 Lakhs.

                             4. Learned counsel appearing on behalf of the petitioners

                   submitted that the informant is doing real estate business
Patna High Court CR. MISC. No.40908 of 2026(2) dt.24-06-2026
                                            2/3




          including manufacturing of Bricks under the name and style of

          M/s Star Bricks, where the wife of the informant is one of the

          director with whom petitioner no. 1 entered into an agreement

          for a project, where petitioner no. 1 was under obligation to pay

          Rs. 15 Lakhs to the company of the wife of the informant, but

          immediately after executing the agreement with wife of the

          informant, elder son of petitioner no. 1 becomes ill facing renal

          problem and was under treatment at Delhi for long period and

          out of said hardship, he could not acted upon agreement as

          executed with the wife of the informant.

                   5. It is submitted that agreement in issue was cancelled

          by the wife of the informant. It is pointed out that the dispute is

          primarily civil in nature, where without any occasion petitioner

          no. 1 & petitoner no. 2 namely, Chandan Kumar, who is the son

          of petitioner no. 1 were implicated falsely with present criminal

          case. Both petitioners claimed clean antecedent.

                   6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   7. In view of the aforesaid factual submissions and by

          taking note of the fact as the dispute between the parties

          primarily appears civil in nature, where the agreement in issue

          was signed between petitioner no. 1 and the wife of the
           Patna High Court CR. MISC. No.40908 of 2026(2) dt.24-06-2026
                                                       3/3




                     informant, was subsequently cancelled by the informant’s

                     company, accordingly, above-named petitioners, who are men of

                     clean antecedent, in the event of their arrest/surrender within a

                     period of four weeks from this order, are directed to be enlarged

                     on bail on furnishing of bail bond of Rs.10,000/- (ten thousand

                     only) with two sureties of the like amount each to the

                     satisfaction of learned A.C.J.M.-IV, Patna/concerned court in

                     connection with Phulwarisharif (Janipur P.S.) P.S. Case No.

                     1348 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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