Patna High Court
Abhishekh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the matter is essentially a civil dispute over loan recovery and therefore granted anticipatory bail to the petitioner.
Summary
The petitioner, Abhishekh Singh, was named in an FIR for alleged cheating under Sections 406 and 420 IPC, accused of taking Rs. 7 lakh from the informant. He contended that the money was a loan given during a period of cohabitation and that the informant’s claim was a civil dispute over repayment. The petitioner sought anticipatory bail, asserting a clean antecedent and that the matter was essentially a civil recovery suit. The State opposed the bail, insisting the offences were criminal. The court observed that the dispute appeared civil in nature and, considering the petitioner’s clean record, granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S., with a bail bond and sureties.
Issues considered
- Whether the allegations under Sections 406 and 420 IPC constitute a criminal offence warranting denial of anticipatory bail.
- Whether the dispute is essentially civil (loan recovery) and thus anticipatory bail should be granted.
- Applicability of Section 438(2) CrPC and Section 482(2) B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 406, 420
Subjects
- anticipatory bail
- civil dispute
- loan recovery
- IPC 406
- IPC 420
- Section 438
- Section 482
- bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79792 of 2025
Arising Out of PS. Case No.-170 Year-2023 Thana- DULHIN BAZAR District- Patna
======================================================
Abhishekh Singh S/o- Ram Naresh Singh Resident of Village- Deokuli PS-
Bihta, Dist- Patna
... ... Petitioner
Versus
1. The State of Bihar
2. Sulekha Devi w/o- Late Sanjay Verma R/v- Bhimnichak Ps- Dulhin Bazar
Dist- Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Dulhin Bazar P.S.
Case No. 170 of 2023 registered for the offences punishable
under Sections 406, 420 of the Indian Penal Code.
3. The allegation against the petitioner is to cheat the
informant for a sum of Rs. Seven (7) Lakhs which was alleged
to be withdrawn from her bank account by the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that after the death of husband of the
informant, the petitioner was residing with the informant for
Patna High Court CR. MISC. No.79792 of 2025(4) dt.25-02-2026
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long years and he used to care her and her children. It is
submitted that petitioner is the cousin brother-in-law of
informant.
5. It is submitted that out of family acquaintance and,
as both were living together, on different occasion, some
money was given to the petitioner and when petitioner make a
plan to left the house of informant and to shift somewhere
else, the money, which was given to the petitioner, was asked
to return by the informant, and when the petitioner failed to
do so, the present false case was lodged. Petitioner claimed
clean antecedent.
6. Arguing further, it is submitted that at best, it is a
civil suit qua recovery of loan/dues.
7. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioner.
8. In view of aforesaid factual submission and by
taking note of the fact as dispute primarily appears civil in
nature qua recovery of loan/dues, where petitioner claimed
clean antecedent, accordingly, above-named petitioner, in the
event of his arrest/surrender within a period of four weeks
Patna High Court CR. MISC. No.79792 of 2025(4) dt.25-02-2026
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from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate - 1st Class, Danapur, District -
Patna/concerned court in connection with Dulhin Bazar P.S.
Case No. 170 of 2023, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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