Patna High Court
Narmdeshwar MishraversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the dispute is primarily civil and therefore granted bail to the petitioners under Section 482(2) of the CrPC.
Summary
The petitioners, Narmdeshwar Mishra and Mohit Mishra, were implicated in Complaint No.1978 of 2023 for alleged offences under IPC sections 352, 406, 504 and 506/34, stemming from a dispute over unpaid commission where the complainant claimed a commission of Rs.14.40 lakh but received only Rs.4 lakh. The petitioners contended that the matter was essentially a civil dispute concerning recovery of commission and that the complaint was false, also noting their involvement in two minor family‑related criminal cases. The State opposed the grant of bail. The court observed that notice had been served on the second opposite party who failed to appear, and that the underlying dispute was civil in nature. Consequently, the court ordered the release of both petitioners on bail, requiring a bond of Rs.10,000 each with two sureties, under Section 482(2) of the CrPC. The bail order was conditioned on surrender within four weeks and compliance with the stipulated terms.
Issues considered
- Whether bail should be granted to the petitioners when the alleged offences arise from a civil commission dispute.
- Whether the nature of the alleged offences under IPC sections 352, 406, 504 and 506/34 warrants denial of bail.
- Effect of non‑appearance of the second opposite party on the bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 352, 406, 504, 506
Subjects
- bail
- civil dispute
- commission recovery
- IPC sections 352 406 504 506/34
- Section 482 CrPC
- West Champaran
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57808 of 2024
Arising Out of PS. Case No.-1978 Year-2023 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
1. Narmdeshwar Mishra Son of Late Rambachan Mishra Village- ITI Gali No.
4, P.S.- Bettiah Muffasil, Dist.- West Champaran
2. Mohit Mishra @ Mohit Kumar Mishra Son of Narmdeshwar Mishra Village-
ITI Gali No. 4, P.S.- Bettiah Muffasil, Dist.- West Champaran
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Neeraj Kumar @ Rinku Son of Arvind Prasad Resident of Vill.- Madhuri,
P.S.- Purushottampur, Dist.- West Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kant Mani Tripathi, Adv.
For the Opposite Party/s : Mr. Manoj Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-01-2026 Heard the parties.
2. The petitioners are named in the complaint
case and apprehending their arrest in connection with
Complaint Case No. 1978 of 2023 registered for the
offences punishable under Sections 352, 406, 504, 506/
34 of IPC.
3. As per complaint, complainant was working as
a sale representative with the showroom of petitioner
namely M/s Mohit Enterprises, where the commission of
Patna High Court CR. MISC. No.57808 of 2024(3) dt.29-01-2026
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complainant was claimed as Rs. 14,40,000/- but only Rs.
4 lakh was paid to him and therefore it is alleged that
complainant was cheated by this petitioner.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that the dispute, primarily
appears civil in nature as same is regarding claim of
commission. It is pointed out that as petitioners lodged
complaint case against all three witnesses of the present
complaint case therefore making complainant
instrumental present false case was lodged. Explaining
criminal antecedents it is submitted that both petitioners
found involved in two more criminal cases of petty nature
arising out of family dispute.
5. Learned APP opposes the prayer of bail.
6. Notice as issued by this Court was received by
son of O.P. No. 2, accordingly, it appears validly served
upon.
7. Despite of service of notice none appeared on
behalf of O.P. No.2.
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8. In view of aforesaid factual submissions and
by taking note of fact as dispute primarily appears civil in
nature qua recovery of commission arising out of business
deal, where parties appears in inimical terms as discussed
aforesaid out of master and servant relation, accordingly
both above-named petitioner, in the event of their arrest
or surrender before the court below within a period of
four weeks, are directed to be released on bail, furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the
satisfaction of the learned JM 1 st Class, Bettiah, West
Champaran /concerned Court, where the case is pending
in connection with Complaint Case No. 1978 of 2023,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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