Patna High Court
RAVINDRA KUMAR JAISWAL @ GUDDU JAISWALversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the complaint was not supported by an affidavit and the dispute was essentially civil, thereby granting bail to the petitioners.
Summary
The petitioners, Ravindra Kumar Jaiswal and his wife Sinku Jaiswal, were named in a 2019 complaint alleging cheating under IPC sections 323, 406, 420, 504 and 34 for receiving Rs.1 lakh and failing to deliver goods. They contended that the dispute was essentially civil and that the criminal complaint was not supported by an affidavit, contrary to the principle laid down in Priyanka Srivastava v. State of Uttar Pradesh. The State argued that the petitioners had indeed cheated the complainant. The High Court examined the nature of the dispute and the procedural deficiency of the complaint, concluding that the matter was a civil business dispute and the complaint lacked the requisite affidavit. Consequently, the Court ordered the release of both petitioners on bail, each with a bond of Rs.10,000 and two sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the complaint is maintainable in the absence of a supporting affidavit.
- Whether the underlying dispute is civil in nature, rendering criminal proceedings unwarranted.
- Whether bail should be granted to the petitioners under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 406, 420, 504
Subjects
- bail
- civil dispute
- criminal complaint
- cheating
- IPC sections
- lack of affidavit
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70763 of 2024
Arising Out of PS. Case No.-2113 Year-2019 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Ravindra Kumar Jaiswal @ Guddu Jaiswal S/O Late Abhimanyu Prasad
Jaiswal R/O Panchmandir Road, Motihari, P.S. - Motihari Town, Distt. - East
Champaran
2. Sinku Jaiswal W/O Ravindra Kumar Jaiswal @ Guddu Jaiswal R/O
Panchmandir Road, Motihari, P.S. - Motihari Town, Distt. - East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumar Keshwam S/o Late Ganga Prasad Singh R/o vill - Ahirauliya, P.s. -
Kotwa, Distt. - East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Sangeet Deokuliar, Adv.
For the Opposite Party/s : Mr. Md. Shakir Ahmad, Adv.
For the Informant : Mr. Rajnish Shandilya, Adv.
Mr. Pratik Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 04-02-2026 Heard the parties.
2. The petitioners are named in the Complaint
Case and apprehending their arrest in connection with
Complaint Case No. 2113 of 2019 registered for the
offences punishable under Sections 323, 406, 420, 504,
34 of IPC.
3. As per complaint, petitioner alleged to cheat
complainant as he did not supplied goods as agreed to the
complainant despite receiving payment of Rs. 1 lakh.
Patna High Court CR. MISC. No.70763 of 2024(5) dt.04-02-2026
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4. It is submitted by learned counsel appearing
on behalf of the petitioners that primarily this dispute is of
civil in nature for which the present criminal case is
completely un-occassioned and un-warrented. It is
submitted that even the complaint case appears not
supported by affidavit, which appears contrary to the
settled position of law as available through Priyanka
Srivastava Vs. State of Uttar Pradesh [2015 (6)
SCC 287]. It is submitted that the petitioner no. 2
implicated only for the reason that he is the proprietor of
the M/s Sahil Traders and wife of petitioner no. 1.
5 Learned APP duly assisted by learned counsel
for the informant while opposing the prayer of bail
submitted that the petitioners cheated complainant by not
delivering the goods after receiving the payment.
6. In view of aforesaid factual submission and
by taking note of fact as dispute primarily appears civil in
nature arising out of business dispute, coupled with the
fact that complaint in issue not appears supported by
Patna High Court CR. MISC. No.70763 of 2024(5) dt.04-02-2026
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affidavit, accordingly both above-named petitioners, 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 CJM,
Motihari, East Champaran /concerned Court, where the
case is pending in connection with Complaint Case No.
2113 of 2019, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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