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Patna High Court

Sumant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the dispute is primarily civil and therefore granted bail to the petitioner.

Summary

The petitioner, Sumant Kumar, was named in a 2018 complaint alleging violation of Section 420 of the IPC for failing to return a loan of Rs. 4 lakh allegedly given for a truck purchase. The petitioner contended that the actual loan amount was Rs. 70,000, which had already been repaid before the complainant's death, and that the complaint was based on a manipulated agreement inflating the amount to Rs. 4 lakh, making the dispute essentially civil. The learned Assistant Public Prosecutor argued that the allegation was specific to the petitioner. The court examined the submissions and concluded that the matter was primarily a civil dispute concerning loan recovery. Consequently, the court granted bail to the petitioner, directing him to surrender within four weeks and furnish a bail bond of Rs. 10,000 with two sureties, under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the allegation under Section 420 IPC constitutes a criminal offence warranting denial of bail
  • Whether the dispute is essentially civil in nature, affecting the grant of bail

Legislation cited

Subjects

  • bail
  • Section 420 IPC
  • civil dispute
  • loan recovery
  • high court inherent powers
  • Criminal Miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69756 of 2024
                  Arising Out of PS. Case No.-609 Year-2018 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 Sumant Kumar Son of Rajdeo Singh Resident of Village- Bharkunda, P.S.-
                 Barachatti, District -Gaya
                                                                       ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Devanti devi W/O Rampukar Singh Village- Nigri, P.S.- Dobhi, District-
                  Gaya
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sandeep Patil
                 For the Opposite Party/s :        Mr. Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
6   20-01-2026                  Heard the parties.

                                2. The petitioner is named in the Complaint

                   Case and apprehending his arrest in connection with

                   Complaint Case No. 609 of 2018 registered for the

                   offences punishable under Section 420 of Indian

                   Penal Code.

                                3. The allegation against petitioner is not to

                   return the cash loan of Rs. 4 lakh which was given by

                   complainant on pretext of depositing EMI of truck

                   purchased by this petitioner.

                                4.    It      is   submitted       by   learned      counsel

                   appearing on behalf of the petitioner that in actual

                   the loan was taken for Rs. 70,000/- which was

                   already paid to complainant before his death but
Patna High Court CR. MISC. No.69756 of 2024(6) dt.20-01-2026
                                            2/3




          subsequently by alteration in agreement Rs. 70,000/-

          was manipulated as Rs. 4 lakh and on the basis of

          which the present false complaint was filed. It is

          submitted that even the allegation is primarily civil in

          nature qua recovery of loan.

                       5. Learned APP duly assisted by learned

          counsel for the informant while opposing the prayer

          of bail pointed out that the allegation is specific

          against this petitioner.

                        6. In view of aforesaid factual submission

          and by taking note of fact as dispute is primarily civil

          in nature qua recovery of loan as advanced by the

          husband of O.P. No. 2 before his death to this

          petitioner, accordingly petitioner above-named, in

          the event of his arrest or surrender before the court

          below within a period of four weeks, is directed to be

          released on bail, furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned CJM,

          Gaya /concerned Court, where the case is pending in

          connection with Complaint Case No. 609 of 2018,

          subject to the conditions as laid down under Section

          482(2) of BNSS.
               Patna High Court CR. MISC. No.69756 of 2024(6) dt.20-01-2026
                                                           3/3




                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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