Patna High Court
Sumant KumarversusThe 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 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
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 420
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
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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
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(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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