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Patna High Court

Sajan Prasad SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.56076 of 2025(3) dt.22-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.56076 of 2025(3) dt.22-04-2026
                                            3/4




          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
          Patna High Court CR. MISC. No.56076 of 2025(3) dt.22-04-2026
                                                      4/4




                    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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