Patna High Court
Praveen Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
2/9
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
3/9
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
4/9
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
5/9
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
6/9
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
7/9
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
8/9
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
Patna High Court CR. MISC. No.49420 of 2025(5) dt.25-03-2026
9/9
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.