Patna High Court
Sajan Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioners subject to a bail bond and conditions, under Section 482 of the BNSS, 2023.
Summary
The petitioners, three sons of Sajan Prasad Singh, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a complaint (Case No. 378 of 2024) alleging they instructed payments for railway services that were not returned, constituting offences under IPC Sections 420 and 34. The prosecution argued that the complainant had made payments into various accounts of the accused, while the petitioners contended they were innocent and that the complainant himself was an accused in a separate criminal case they filed in February 2024. The court noted the prior filing of the petitioners' case against the complainant and observed that the complaint appeared to be a retaliatory move. Considering these facts, the court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.30,000 each and imposing conditions, including verification of their criminal antecedent by the trial court. The order also stipulated that bail bonds should not be delayed pending verification, and that any concealment of antecedent could lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in a case involving alleged offences under IPC Sections 420 and 34.
- Whether the prior criminal case filed by the petitioners against the complainant affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Indian Penal Code — s. 34, 420
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- IPC 420
- IPC 34
- fraud
- railway services
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56076 of 2025
Arising Out of PS. Case No.-378 Year-2024 Thana- MUNGER COMPLAINT CASE
District- Munger
======================================================
1. Sajan Prasad Singh son of Late Ramakant Mandal @ Buchchi Mandal @
Ramankant Bharti Resident of village-Bhirkhurd (Udhahdih) P.s.-
Sultangunj, District- Bhagalpur.
2. Mithilesh Kumar son of Sajan Prasad Singh Resident of village-Bhirkhurd
(Udhahdih) P.s.- Sultangunj, District- Bhagalpur.
3. Nilesh Kumar son of Sajan Prasad Singh Resident of village-Bhirkhurd
(Udhahdih) P.s.- Sultangunj, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anoj Kumar son of Bhola Prasad Yadav village- Madhopur, ps- Asargunj,
Dist- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
For the Informant : Mr. Subodh Kumar Jha, Advocate
Mr. Sarveshwar Tiwary, Advocate
Mr. Chandramohan Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 22-04-2026 Heard learned Counsel for the petitioners, learned
Counsel for the Informant and learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioners who apprehend arrest
in connection with Complaint Case No. 378 of 2024, under
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Section 420/34 of the Indian Penal Code.
3. As per the prosecution, the present case which has
been filed on the basis of the complaint, the complainant had
made payment to different persons, upon the instruction of the
petitioners, in the name of providing services in Railway. Upon
demand, money had not been returned then the present case has
been filed.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
submits that from the copy of the complaint, it transpires that
the said complaint has been filed on 24.04.2024 in which
cognizance has been taken subsequently. But he submits that in
the month of February itself, the petitioner No.3 has filed
criminal case bearing Sultanganj P.S. Case No.49 of 2024
against the informant and others, who have assured to provide
services and taken rupees sixteen lakhs, in which rupees sixteen
lakhs were paid to him and subsequently when the petitioner
started demanding money and they have not returned then they
have filed criminal case against the petitioners. Counsel for the
petitioners submits that in the said case, name of complainant is
accused No.3 and it is the same accused No.3 who have filed the
complaint case against the present petitioners. He submits that
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the present complaint has been filed only with a view to save his
own skin. He further submits that criminal antecedent of the
petitioners is clean. Counsel further submits that petitioners are
ready to fulfill all the conditions whatsoever shall be imposed
upon them.
5. Learned Counsel for Opposite Party No.2,
vehemently opposes the prayer for bail and he submits that the
money has been paid in the account as mentioned in the
complaint petition.
6. Learned A.P.P. for the State, on the other hand,
opposes the prayer for bail of the petitioners and submits that it
has been specifically alleged that the complainant has made
payments into the accounts of different persons, who are also
arrayed as accused in the present case.
7. Upon hearing the parties and upon perusal of the
record, it transpires that complaint petition has been filed on
24.04.2024 and prior to the present complaint the petitioners
have filed criminal case against the complainant in the month of
February, 2024 itself.
8. In this background, let the above named petitioners
be released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of 4
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weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) each as mentioned in Section 2(1)(d)
of the BNSS, 2023 to the satisfaction of learned Judicial
Magistrate, 1st Class, Munger, in connection with Complaint
Case No. 378 of 2024, subject to the conditions as laid down
U/s 482(2) of the BNSS, 2023.
9. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./-
U T
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