Patna High Court
Abhilasha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail and ordered the dispute to be referred to arbitration.
Summary
The petitioners, Anil Kumar Niraj and his wife Abhilasha Devi, sought anticipatory bail in connection with a criminal case (Araria PS Case No. 95 of 2025) alleging defalcation under sections 316(2), 318(4) and 3(5) of the Bihar Negotiable Instruments Act. They contended that the dispute arose from a business relationship and could be resolved through arbitration. The Court examined whether anticipatory bail could be granted under Section 438(2) of the Code of Criminal Procedure and whether the matter could be referred to arbitration under Section 482 of the Bihar Negotiable Instruments Act. It held that bail could be granted subject to a bond of Rs.10,000 with two sureties and ordered the parties to cooperate with the appointed arbitrator, retired District Judge Bisheshwar Nath Mishra. The order thus granted anticipatory bail and directed arbitration as the mode of dispute resolution.
Issues considered
- Whether anticipatory bail is appropriate under Section 438(2) of the Code of Criminal Procedure in the present defalcation case.
- Whether the dispute arising from alleged defalcation can be referred to arbitration under Section 482 of the Bihar Negotiable Instruments Act.
- Whether the conditions of bail bond and sureties imposed by the Court are lawful and reasonable.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- arbitration
- defalcation
- Section 438 CrPC
- Section 482 BNI Act
- Bihar Negotiable Instruments Act
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51524 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- ARARIA District- Araria
======================================================
Anil Kumar Niraj S/o Hareram Jha R/O Belbari, Ward no. 12, Jamua, P.S.-
Bardaha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 47122 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- ARARIA District- Araria
======================================================
Abhilasha Devi W/O Anil Kumar Niraj R/O Belbari, Ward No. 12, Jamua,
P.S- Bardaha, Distt.- Araria.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Vijay Kumar S/O Ramchandra Singh R/O Chitwarpur, Post- Pategna, P.S-
Tarabari, Distt.- Araria.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 51524 of 2025)
For the Petitioner/s : Mr.Syed Asgher Najmi, Adv
Mr Ashutosh Kumar Mishra, Adv
Mr. Wajeeha Jafri, Adv
For the Opposite Party/s : Mr.Akshay Lal Pandit
(In CRIMINAL MISCELLANEOUS No. 47122 of 2025)
For the Petitioner/s : Mr.Ashutosh Kumar Mishra
For the Opposite Party/s : Mr.Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 20-02-2026 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in connection
with Araria P.S.Case No. 95 of 2025 registered for the offence
under section , 316(2), 318 (4), 3(5) of BNS.
3. In view of the allegation is defalcation of the
parties where in a business relationship and they are ready for
Patna High Court CR. MISC. No.51524 of 2025(6) dt.20-02-2026
2/2
settling their dispute through arbitration.
4. In these circumstances, the matter is referred for
arbitration. The arbitration shall be done by Mr. Bisheshwar
Nath Mishra, learned retired District Judge.
5. The office is directed to communicate this order to
Mr. Bisheshwar Nath Mishra, the learned retired District Judge
and the parties will co-operate in the arbitration.
6. The prayer for anticipatory bail is allowed.
7. Let the petitioners above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, Araria / concerned court below in
connection with Araria P.S.Case No. 95 of 2025 subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973/ Section 482 of the BNSS.
(Sandeep Kumar, J)
N.K/-
U T
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