Patna High Court
Vijay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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 Finding the matter essentially civil and the agreement rescinded, the court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond and sureties, subject to standard conditions.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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 316(2), 318(4), 324(5)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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