Patna High Court
Jagdish PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court denied anticipatory bail to Jagdish Prasad but granted it to the guarantors Soni Patel and Ravi Patel.
Summary
The petitioners Jagdish Prasad, Soni Patel and Ravi Patel were implicated in an FIR under Sections 420, 409 and 120(B) of the Indian Penal Code for alleged defalcation of a Rs.300 lakh loan granted by Bank of Baroda. The bank alleged that the loan amount was embezzled through asset stripping and that the guarantors were complicit. The petitioners sought anticipatory bail, arguing that the matter is essentially a civil dispute suitable for the Debt Recovery Tribunal. The court examined the FIR and found prima facie evidence of fraud, noting the petitioner’s prior criminal antecedent. Consequently, the court refused anticipatory bail to Jagdish Prasad but granted it to the guarantors Soni Patel and Ravi Patel, subject to bail conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to Jagdish Prasad in view of the alleged offences under IPC Sections 420, 409 and 120(B).
- Whether the guarantors Soni Patel and Ravi Patel are entitled to anticipatory bail despite being named in the FIR.
- Whether the FIR is maintainable given that the dispute pertains to a loan default and could be addressed before the Debt Recovery Tribunal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 120(B), 409, 420
Subjects
- anticipatory bail
- loan fraud
- bank fraud
- IPC 420
- IPC 409
- IPC 120B
- guarantor
- NPA
- Debt Recovery Tribunal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77888 of 2025
Arising Out of PS. Case No.-282 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Jagdish Prasad Son of Late Gokul Prasad Resident of Block-C, Flat No. 304,
Surya Disha Compound, Digha Ashiana Road, P.S.- Rajeev Nagar, District-
Patna, PIN Code- 800001
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nalin Kumar, Deputy General Manager, Area Head, Bank of Baroda First
Floor, Hotel Satkar Premises, Dak Bunglow Chauraha, Frazer Road, Patna -
800001, P.S.- Kotwali, Patna
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79744 of 2025
Arising Out of PS. Case No.-282 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
1. Soni Patel W/o Ravi Patel R/o - Block C, Flat No. 304, Surya Disha
Compound, Digha Ashiana Road, P.S - Rajeev Nagar, District - Patna, Pin -
800001
2. Ravi Patel S/o Jagdish Prasad R/o - Block C, Flat No. 304, Surya Disha
Compound, Digha Ashiana Road, P.S - Rajeev Nagar, District - Patna, Pin -
800001
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 77888 of 2025)
For the Petitioner/s : Mr. Rounak Sinha, Advocate
Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 79744 of 2025)
For the Petitioner/s : Mr. Rounak Sinha, Advocate
Mr. Aryan Singh, Advocate
For the Bank : Mr. Vivek Prasad, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 04-05-2026 Heard learned counsel for the parties concerned.
Patna High Court CR. MISC. No.77888 of 2025(4) dt.04-05-2026
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2. The petitioners apprehend their arrest in connection
with S.K. Puri P.S. case no. 282 of 2024, registered for the
offences punishable under Sections 420, 409 and 120(B) of the
Indian Penal Code.
3. The prosecution story in brief is that the informant
is the Regional head of Bank of Baroda. The petitioner Jagdish
Patel is the proprietor of M/s Tirupati Refrigeration. The firm is
wholeseller/distributor of Voltas- Tata products in Bihar. The
firm got approval of cash credit facilities of Rs.300 lakhs (3
crores) on 16.10.2023. On various dates, officials of Branch
made inspections and found sufficient stock in the godown. On
29.11.2023 the firm was audited and nothing adverse was found.
When on 04.04.2024, the Branch officials inspected the
godown, they found minimum stock and no inventory in the
godown. Delay was found in payment of installment within 5
months of approval of loans. Since interest was not paid and
turnover was not sufficient, the credit facilities was converted
into NPA on 14.06.2024. The proprietor, Jagdish Prasad along
with the two guarantors, namely Soni Patel and Ravi Patel, have
defalcated the loan amount in conspiracy with each other.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in this case as the
Patna High Court CR. MISC. No.77888 of 2025(4) dt.04-05-2026
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present case is of civil nature and it relates to a failed business
run by the proprietor, Jagdish Prasad. The other two co-accused
are guarantors. He further submits that this is a case of loan
default, hence Debt Recovery Tribunal (DRT) is it’s appropriate
forum. The present FIR is not maintainable as the respondent
bank has already proceeded by filing case no. OA/411/2024,
before the DRT, Patna.
5. Learned counsel further submits that the other two
co-accused are guarantors and merely for the said reason they
have been roped into this case.
6. On the other hand learned counsel appearing on
behalf of informant Bank as well as learned APP for the state
vehemently opposed the prayer of Anticipatory bail and submits
that the petitioners have embezzled the sanctioned loan amount
in calculative manner within five months from the date of loan
approval and have defrauded a huge amount of the Bank. The
petitioners have committed a serious offence and proper
investigation is required to be done in the present case.
Therefore, custodial interrogation may be required.
7. I have heard learned counsel for the parties and
gone through the material available on record.
8. From perusal of the FIR, it appears that within 5
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months of the disbursement of the sanctioned loan amount the
petitioner defaulted in the payment of the interest and
installments to the bank. The bank officials inspected the stocks
on 04.04.2024 and found that all the stocks were removed
without any invoice. The petitioner has not brought any invoice,
GST bills, vouchers on record. Prima facie, it appears that
petitioner had intention to defraud the bank from very inception
and orchestrated it by asset stripping.
9. Considering the gravity of offence and nature of
allegation and the fact that the petitioner is proprietor and
borrower of the firm and having one criminal antecedent of
similar nature, I am not inclined to grant anticipatory bail to
Jagdish Prasad (petitioner in Cr.Misc.77888 of 2025).
10. This bail application is, accordingly, rejected with
respect to Jagdish Prasad.
11. In so far petitioner no. 1 and 2 in Cr. Misc. No.
79744 of 2025, namely, Soni Patel and Ravi Patel are
concerned, they are guarantors to the loan disbursed, I am
inclined to grant privilege of anticipatory bail to petitioners,
namely, Soni Patel and Ravi Patel.
12. This bail application is, accordingly, allowed with
respect to petitioner no. 1 and 2 in Cr. Misc. No. 79744 of
Patna High Court CR. MISC. No.77888 of 2025(4) dt.04-05-2026
5/5
2025, namely, Soni Patel and Ravi Patel only.
13. Let the petitioners, namely, Soni Patel and Ravi
Patel, in the event of their arrest or surrender before the Court
below within four weeks, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Sub Divisional
Judicial Magistrate, Patna, in connection with S.K. Puri Police
Station Case No. 282 of 2024, subject to the condition laid
down under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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