Patna High Court
Sanjay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, a panel advocate of Bank of India, was arrested in connection with a loan fraud case alleging his participation in a conspiracy to forge property documents. He faced charges under Sections 318(4), 316(2), 340(2), 338, 336(3), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he merely prepared a due‑diligence report and that there was no mens rea or specific allegation of fraud, only mismatches in dates and numbers. The State opposed the bail, arguing the seriousness of the alleged offences. After considering the submissions and the lack of concrete evidence of fraudulent intent, the Court granted anticipatory bail subject to a bond, sureties and an affidavit of resignation from all bank panels.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations of conspiracy and forgery under the BNSS.
- Whether there is sufficient mens rea on the part of the petitioner to justify denial of bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 340(2), 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- fraud
- forgery
- bank loan
- due diligence
- conspiracy
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61802 of 2025
Arising Out of PS. Case No.-464 Year-2025 Thana- SAHARSA SADAR District- Saharsa
======================================================
Sanjay Kumar Singh S/o Late Shaligram Singh Panel Advocate Saharsa
Branch, Bank of India, resident of Mohalla- Kayasth Tola, Ward No. 30,
Saharsa, P.S.- Saharsa, District- Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Branch Manager, Bank of India, Saharsa, P.O. and P.S.- Saharsa,
District- Saharsa Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rakesh Singh
For the Opposite Party/s : Mr. Shailendra Kumar
For the Bank : Mr. Ajit Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-03-2026 Heard the learned Senior counsel for the petitioner,
the learned counsel for the State and the learned counsel for the
Bank.
2. The petitioner apprehends arrest in connection with
Saharsa (Sadar) P.S. Case No. 464 of 2025 registered for
offences under Sections 318(4), 316(2), 340(2), 338, 336(3)
61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegation is that the petitioner knowingly
participated in a conspiracy with the borrower and the valuer to
prepare and submit forged property-related documents, thereby
helping the borrower obtain bank loans fraudulently.
Patna High Court CR. MISC. No.61802 of 2025(3) dt.12-03-2026
2/3
4. Learned senior counsel for the petitioner submits
that the petitioner is quite innocent and has not committed any
offence. He further submits that there is no mens-rea on the part
of the petitioner and there is no similar antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. The allegation
against the petitioner, who is an advocate, is that he has
prepared due diligence report with regard to the property prior
to the advancement of the loan. However, there is no specific
allegation that he committed any fraud; rather, the allegation is
limited to certain mismatches in the dates and numbers
mentioned in the relevant documents.
7. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, 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 learned Court below
where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.61802 of 2025(3) dt.12-03-2026
3/3
Saharsa (Sadar) P.S. Case No. 464 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS and
with further condition that:-
At the time of furnishing bail bonds, the
petitioner shall file an affidavit stating that he has
resigned from the panel of all nationalized as well
as private banks and that he shall not undertake
any due diligence work for any bank in the future.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…