Patna High Court
Shobha Singh @ Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the matter is a civil dispute and exercised its inherent powers under Section 482(2) to grant bail to the petitioners.
Summary
The petitioners, three women related to Amit Kumar Singh, were named in an FIR for alleged offences under Sections 318(4), 316(2), 351(2), 352 and 3(5) of the Bihar Negotiable Statutes, stemming from a claim that Amit Kumar Singh cheated Rs.41,96,500 in a coal supply agreement. The petitioners contended that the dispute was purely civil, arising out of a business transaction for recovery of dues, and that criminal prosecution was unwarranted and intended to harass them. They applied for bail, asserting clean antecedents (except petitioner 3, who was already on bail in another case). The State opposed the bail application. The Court, noting that the allegations appeared to be a family‑related civil dispute, exercised its inherent powers under Section 482(2) of the Bihar Negotiable Sale and Settlement Act and ordered the release of each petitioner on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of the lower court.
Issues considered
- Whether the FIR and criminal prosecution are maintainable when the underlying dispute is civil in nature.
- Whether the petitioners are entitled to bail under Section 482(2) of the Bihar Negotiable Sale and Settlement Act.
Legislation cited
- Bihar Negotiable Sale and Settlement Act — s. 482
- Bihar Negotiable Statutes — s. 3, 316, 318, 351, 352
Subjects
- bail
- civil dispute
- criminal procedure
- Section 482
- business fraud
- women
- FIR
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42188 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- LAHERIYASARAI District- Darbhanga
======================================================
1. Shobha Singh @ Shobha Devi W/o Shyam Kishore Singh Resident of - Near
Tata Workshop, Dumari No. 2, Barpichhri, Kariatanr, Jamadobha, P.S -
Joraphokhar, District - Dhanbad, State - Jharkhand, Present Address - Ward
No. 2, Kewta, P.S - Dalsinghsarai, District - Samastipur
2. Priti Singh W/o Sumit Kumar Singh Resident of - Near Tata Workshop,
Dumari No. 2, Barpichhri, Kariatanr, Jamadobha, P.S - Joraphokhar, District
- Dhanbad, State - Jharkhand, Present Address - Ward No. 2, Kewta, P.S -
Dalsinghsarai, District - Samastipur
3. Aarti Singh @ Arti Kumari W/o Amit Kumar Singh Resident of - Near Tata
Workshop, Dumari No. 2, Barpichhri, Kariatanr, Jamadobha, P.S -
Joraphokhar, District - Dhanbad, State - Jharkhand, Present Address - Ward
No. 2, Kewta, P.S - Dalsinghsarai, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhiraj Kumar Singh
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and apprehending
their arrest in connection with Laherisarai P.S. Case No. 33/2026
registered for the offences punishable under Sections 318(4), 316(2),
351(2), 352 and 3(5) of the BNS.
3. As per FIR, husband of petitioner no. 3 namely Amit
Kumar Singh entered into an agreement with informant for supply of
coal to different brick kilns during the deal/business period, where
husband of petitioner no. 3, alleged to cheat total sum of
Rs.41,96,500/-.
4. It is submitted by learned counsel appearing on behalf of
the petitioners that admittedly agreement qua business deal was with
husband of petitioner no. 3 Amit Kumar Singh and for the reason that
petitioner no. 3 is his wife and petitioner no. 1 and 2 are none but
Patna High Court CR. MISC. No.42188 of 2026(2) dt.06-07-2026
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mother and wife of elder brother they were implicated with present
crime in question. It is submitted that moreover the allegation is of
civil in nature arising out of business transaction for which civil
proceeding qua recovery may be initiated and as such lodging present
criminal case is completely un-occasioned and unwarranted, which
was filed only with harassing approach. Petitioner no(s). 1 and 2
claimed clean antecedent and petitioner no. 3 found involved in one
more case, where she is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as allegation prima-facie suggests implication of
petitioners being family members, where dispute arises out of
business deal qua recovery of outstanding dues, accordingly all
above-named petitioners, who are ladies, in the event of their arrest or
surrender before the court below within a period of four weeks, are
directed to be released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned Additional Sessions Judge-II,
Darbhanga/concerned Court, where the case is pending in connection
with Laherisarai P.S. Case No. 33/2026, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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