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Patna High Court

Praveen Kumar SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted as the complaint appears to be a false, coercive proceeding and there is no likelihood of the petitioner absconding or tampering with evidence.

Summary

The petitioner, Praveen Kumar Sinha, sought anticipatory bail after being implicated in a complaint alleging offences under Sections 406 and 420 IPC for allegedly opening a fake Axis Bank account in the complainant's name and diverting an income‑tax refund of Rs.45.5 lakh to his housing‑loan account. The petitioner contended that the complaint was false, motivated by a commercial dispute with a former business partner, Sunil Kumar, and that the account was genuine and the funds were transferred by cheque from the complainant. The court examined whether the allegations warranted arrest and whether the petitioner was likely to flee or tamper with evidence, noting that the complaint lacked a proper FIR and that the bank’s counter‑affidavit affirmed the account’s genuineness. Relying on the principle that criminal courts should not act as recovery agents and that anticipatory bail is appropriate where the accusation appears to be an abuse of process, the court granted anticipatory bail. The bail was conditioned on a cash bond of Rs.10,000 and two sureties, subject to compliance with Sections 438(2) Cr.P.C. and 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a complaint case alleging offences under Sections 406 and 420 IPC.
  • Whether the complaint constitutes an abuse of process aimed at coercing the petitioner into a monetary settlement.
  • Whether the absence of a proper FIR and the bank's counter‑affidavit affect the merits of the criminal allegations.

Legislation cited

Subjects

  • anticipatory bail
  • false criminal complaint
  • Sections 406 IPC
  • Sections 420 IPC
  • income tax refund
  • fake bank account
  • abuse of process
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.49420 of 2025
                  Arising Out of PS. Case No.-944 Year-2018 Thana- COMPLAINT CASE - PATNA CITY
                                                      District- Patna
                 ======================================================
                 Praveen Kumar Sinha S/o Late Rajeshwar Prasad Sinha @ Late Rajeshwar
                 Prasad R/o MIG, 106, Hanuman Nagar PS - Patrakar Nagar, Dist. - Patna
                                                                                ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Ravi Kumar S/o Shri Shyam Babu Chaudhari R/o Moh. - Alamganj Chawki
                 Kedarnath Math, PS – Alamganj, Dist. Patna
           3.     The Branch Manager, Axis Bank S.P. Verma Road, Patna
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Satyabir Bharti, Sr. Advocate
                                                Mr. Abhishek Anand, Advocate
                                                Ms. Kanupriya, Advocate
                                                Ms. Aastha Prakash, Advocate
                 For the State           :      Mr. Brajendra Nath Pandey, A.P.P.
                 For the Complainant     :      Mr. Manoj Kumar Sinha, Advocate
                 For the Bank            :      Mr. Viveka Nand Singh, Advocate
                                                Mr. Amit Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   25-03-2026                    Heard Mr. Satyabir Bharti, learned Senior Counsel for

                   the petitioner, learned A.P.P. for the State, Mr. Manoj Kumar

                   Sinha, learned counsel appearing on behalf of the complainant

                   and learned counsel appearing on behalf of the Axis Bank.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 406 and

                   420 of the Indian Penal Code.

                                  3. Learned Senior Counsel appearing on behalf of the
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          petitioner submits that petitioner has been falsely implicated in

          the instant case by the complainant based on a complaint case. It

          is further submitted that the complainant alleges that he is

          engaged in liquor business at Jharkhand and is known to the

          petitioner. Further, the complainant sought help of the petitioner

          in seeking refund of his income tax on which the petitioner took

          his Aadhaar, PAN etc. but when the refund was not credited in

          his account, the complainant inquired when he came to know

          that an amount of Rs.45,50,000/- was credited in an account of

          Axis Bank which was opened using his Aadhaar Card and the

          amount has been withdrawn, accordingly, he confronted the

          petitioner and the petitioner became ready to return an amount

          of Rs.10 lakhs but later resiled.

                       4. Learned Senior Counsel for the petitioner submits

          that in the instant case, Axis Bank was impleaded as opposite

          party no. 3 and a counter affidavit on behalf of the Bank has

          been filed.

                       5. Learned Senior Counsel further submits that the

          instant complaint case has been instituted by the complainant at

          the behest of one Sunil Kumar who was business partner of the

          petitioner for operating liquor business at Ranchi and the

          complainant except for operating the license in his name had no
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          role to paly and, as such, was a name giver. It is next submitted

          that on account of some dispute in between the petitioner and

          Sunil Kumar, the instant false criminal case came to be

          instituted against the petitioner alleging that he opened a fake

          bank account in the name of the complainant in Axis Bank. It is

          also submitted that when petitioner received bailable warrant of

          arrest, he came to know that a complaint case has been instituted

          against him on 09.08.2018 and on inquiry, it transpired that the

          account, in dispute, has been opened on 25.07.2013 and in the

          said account Rs.7 lakhs and odd was credited on 16.10.2014,

          thereafter, Rs.17,70,000/- and odd was credited on 09.02.2016

          and an amount of Rs.24,65,187/- was credited on 17.06.2017,

          thus, an amount of Rs.45,50,000/- was credited by way of

          refund from income tax along with some other amount.

                       6. Learned Senior Counsel asserts and submits that

          the account was never opened by the petitioner, rather it is a

          genuine account in the name of the complainant as from the said

          account an amount of Rs.45 lakhs and odd has been credited in

          the housing loan account of the petitioner and the said amount

          of Rs.45 lakhs has been credited in the housing loan account of

          the petitioner by way of cheque issued by the complainant. It is

          futher submitted that if the complainant was aggrieved by the
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          fact that his income tax return is not being credited in his

          genuine account in that event the complainant would have

          inquired from the Income Tax Department as to why his income

          tax return is not being credited in his account but since the

          complainant was well aware of the fact that the income tax

          refund is being credited in his account at Axis Bank, as such, he

          never made any endeavours to verify the same. It is next

          submitted that since petitioner and Sunil Kumar were in a

          business relationhsip and the complainant was operating the

          license in the name of Sunil Kumar, as such, the complainant

          used to issue cheques with respect to the account in dispute

          based on which the aforesaid amount was credited in the

          housing loan account of the petitioner. It is also submitted that

          had the petitioner been involved in the occurrence of opening a

          fake account in the Axis Bank in the name of the complainant in

          that event petitioner would have ensured that an amount of

          Rs.45 lakhs from the said account does not get directly credited

          in his housing loan account for the reason that at any subsequent

          stage if it comes to the notice of the complainant that a fake

          account in his name was opened with the Axis Bank in that

          event the petitioner would have been easily implicated for the

          reason that from fake account of the complainant an amount of
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          Rs.45 lakhs was credited in his housing loan account. It is, thus,

          submitted that no prudent person would indulge in committing

          an act creating evidence against himself. It is further submitted

          that the complaint case was filed in the year 2018 but the

          complainant closed the account in the year 2019. It is, thus,

          submitted that when it came to the notice of the complainant in

          the year 2018 itself that the account with the Axis Bank is a fake

          account then why the account was closed in the year 2019 as

          would manifest from the counter affidavit of the Bank. It is also

          submitted that had the petitioner been involved in opening a

          fake account in the name of the complainant at Axis Bank with

          an intent of swindling his income tax refund amount in that

          event the petitioner would not have allowed the account to

          continue for so long nor would have allowed an amount of

          Rs.45 lakhs to be credited in his housing loan account rather

          after swindling the income tax refund amount would have

          closed the account. It is further submitted that an amount of

          Rs.49 lakhs and odd by way of income tax refund was credited

          in the said fake account of the complainant in between 2014 to

          17.06.2017 but then it does appear probable that a person whose

          income tax return in such huge amount is not being credited in

          his own account would not have realized for so long as to why
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          the income tax return is not being credited in his genuine

          account which also points to the fact that the complainant was

          aware that the account is genuine but subsequently at the behest

          of Sunil Kumar the instant complaint case came to be instituted

          on account of differences which had arisen between the

          petitioner and Sunil Kumar with regard to the liquor business. It

          is next submitted that Sunil Kumar is a witness in the complaint

          case filed by the complainant. It is also submitted that had an

          FIR been instituted perhaps the police could have investigated

          the case but deliberately a complaint case was instituted with an

          intent that cognizance is taken based on the evidence brought on

          record by the complainant and his two witnesses, as the learned

          Magistrat, at the time of taking cognizance, does not have the

          requisite material on record except for what is presented by the

          complainant and his witnesses. It is further submited that in the

          complaint case a vague pleading has been made that the

          complainant had gone to Alamganj Police Station for instituting

          an FIR but on the advice of the police the instant complaint case

          came to be instituted but then the complaint case is completely

          silent with regard to the fact as to when the complainant

          approached the police.

                       7. It is asserted and submitted that the allegation as
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          alleged required a proper investigation and, as such, the

          complainant ought to have approached the Superintendent of

          Police if the concerned police station was refusing to institute an

          FIR. It is next submitted that petitioner is disputing the

          allegation as alleged in the complaint based on facts as recorded

          hereinabove. It is also submitted that in the trial if the

          complainant is not able to prove his case and the petitioner

          under fear of arrest parts with the fanciful demand of the

          complainant in that event what will happen. It is further

          submitted that a criminal case has been instituted only with a

          view to coerce the petitioner into submission so that the

          petitioner parts with the fanciful demand of the complainant. It

          is next submitted that when petitioner came to be implicated in a

          false criminal case, out of fear he was ready to settle the dispute

          and thus had offerred Rs.20 lakhs and the complainant was even

          ready to settle the dispute at that amount though complainant

          alleges that petitioner misappropriated Rs.45 lakhs and odd, but

          after receiving proper legal advice the petitioner resiled. It is

          also submitted that the Hon’ble Supreme Court has also held

          that Criminal Courts should not act as a recovery agent.

                       8. Learned counsel appearing on behalf of the Bank

          submits that a counter affidavit has been filed on behalf of the
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          Bank wherein a stand has been taken that the account is genuine

          and not fake but then the account was closed in the year 2019.

                       9. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the complainant opposed the prayer for

          anticipatory bail of the petitioner but then are not in a position to

          rebut the submissions of the learned Senior Counsel appearing

          on behalf of the petitioner as to why the complainant from 2014

          till 17.06.2017 did not inquire from the Income Tax Department

          as to why his refunds are not being credited in his genuine

          account, also the submission that if the petitioner was aware that

          the account was fake whether he would have got an amount of

          Rs.45 lakhs credited in his housing loan account from the fake

          account in the name of the complainant and, thus, would have

          created evidence against himself.

                       10. After hearing the learned counsel for the parties,

          the Court is in complete agreement with the submissions made

          by the learned Senior Counsel appearing on behalf of the

          petitioner, thus, the petitioner, above-named, in the event of his

          arrest or surrender within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where
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                     the case is pending/Successor Court in connection with

                     Complaint Case No. 944 of 2018, subject to the conditions as

                     laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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