Patna High Court

Dinesh Kumar SahaniversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court held that the allegations amounted to a civil dispute and there was no misuse of Section 41(1), thus granting anticipatory bail.

Summary

The petitioner, Dinesh Kumar Sahani, was charged under several IPC sections for allegedly misappropriating Rs. 3 lakh received for a land purchase. He contended that the amount was actually a repayment he had earlier given to the informant, making the dispute essentially civil. The petitioner had previously been granted protection under Section 41(1) of the CrPC and sought anticipatory bail, asserting he had not misused that privilege. The State opposed the bail. The court observed that the allegations primarily involved a civil liability and that there was no misuse of Section 41(1), and therefore granted anticipatory bail subject to a bail bond and sureties under Section 438(2) CrPC and Section 482(2) of the B.N.S.S, 2023.

Issues considered

Whether anticipatory bail can be granted in a case involving alleged offences under Sections 341, 323, 379, 385, 406, 420 and 504 IPC.
Whether the nature of the dispute is civil, thereby affecting the grant of anticipatory bail.
Whether the petitioner misused the protection granted under Section 41(1) of the CrPC.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 41(1), 438(2)
Indian Penal Code — s. 323, 341, 379, 385, 406, 420, 504

Subjects

anticipatory bail
Section 41(1) CrPC
civil dispute
IPC offences
bail bond
Section 438 CrPC
Section 482 B.N.S.S

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78553 of 2025
                 Arising Out of PS. Case No.-590 Year-2023 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Dinesh Kumar Sahani Son of Birendra Sahani Resident of Village -
                 Bhawanipur Jirat, P.S. - Chhatauni, District - East Champaran.


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   21-01-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                    2. The petitioner apprehends his arrest in a case

                   registered under Sections 341, 323, 379, 385, 406, 420 and 504

                   of the IPC.

                                     3. As per the prosecution case, the informant has

                   given an amount of Rs. 3,00,000/- (Rupees Three Lakh) to the

                   petitioner for purchasing a land which he had promised to give

                   back to the informant which he misappropriated.

                                    4. Learned counsel for the petitioner submits that

                   the amount of Rs. 3,00,000/- (Rupees Three Lakh) which is

                   alleged by the informant to be paid to the petitioner was infact

                   the amount which the petitioner had given to the informant
Patna High Court CR. MISC. No.78553 of 2025(3) dt.21-01-2026
                                            2/3




          earlier and as such, was in the nature of a repayment. It is

          further submitted that all the sections alleged are triable by

          Magistrate and considering the allegations the petitioner was

          earlier also granted the benefit of Section 41 (1) of the Cr.P.C by

          the Police and he has prayed for anticipatory bail upon

          submission of charge sheet and taking of cognizance and

          submits that he had never misused the said privilege granted

          under Section 41 (1) of Cr.P.C.

                          5. The application for anticipatory bail is opposed

          by learned A. P.P. for the State.

                          6. Taking into consideration the facts and

          circumstances and also considering the fact that the allegation

          basically involved not honouring of a promise, entailing civil

          liabilities, coupled with the fact that the petitioner never

          misused the privilege granted to him under Section 41 (1) of

          Cr.P.C., let the petitioner, in the event of his arrest or surrender

          before the learned Court below within a period of four weeks,

          be released on anticipatory bail in connection with Tr. No. 3594

          of 2025 arising out of Chhatauni P.S. Case No. 590 of 2023 on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Court below where the case is pending subject to the
             Patna High Court CR. MISC. No.78553 of 2025(3) dt.21-01-2026
                                                         3/3




                       condition laid down under Section 438(2) of the Code of

                       Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T

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