Patna High Court
Vijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, considering the civil nature of the dispute and the discharge of corporate liabilities.
Summary
Vijay Kumar Singh, a former director of Zenovia Healthcare Pvt Ltd, was named in a complaint alleging dishonour of two cheques worth Rs. 16 lakh each, invoking Sections 420 of the IPC and 138 of the Negotiable Instruments Act. He contended that the rent agreement and cheques were executed by the company, and that he had resigned in March 2025, with the company discharging all liabilities. The State opposed his application for anticipatory bail. The court observed that the dispute was primarily civil, noting a pending rent recovery suit, and that the petitioner’s resignation and discharge of liabilities mitigated the risk of his arrest. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner can be held criminally liable for offences under Sections 420 IPC and 138 NI Act given that the cheques were issued by the company and his liabilities were discharged upon resignation.
- Whether the civil nature of the underlying dispute precludes continuation of the criminal complaint.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheque bounce
- IPC 420
- NI Act 138
- corporate liability
- civil dispute
- resignation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87035 of 2025
Arising Out of PS. Case No.-198 Year-2023 Thana- COMPLAINT CASE - PATNA CITY
District- Patna
======================================================
Vijay Kumar Singh S/o Late Prabhu Singh Resident of - B-1204, Gardenia
Grace Apartment, Plot no. E 16A, Sector 61, Noida, Gautam Budha Nagar,
Uttar Pradesh, P.S - Sector 58, Noida, District - Noida (U.P)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Yadav S/o Late Ramdev Yadav Resident of - Mahatma
Gandhi Nagar, Kanti Factory Morh, P.S - Agamkuan, District - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Namrata Mishra, Sr. Advocate
Ms.Archana Jha, Advocate
Ms.Anamika Kumari, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the Complaint, is
apprehending his arrest in connection with Complaint Case
No. 198 of 2023 registered for the offences punishable under
Sections 420 of the Indian Penal Code and Section 138 of the
N.I. Act.
3. As per Complaint, three cheques amounting to Rs.
38 Lakhs were issued by the petitioner and other accused
persons to the complainant in terms of rent agreement, where
Patna High Court CR. MISC. No.87035 of 2025(2) dt.17-02-2026
2/4
two cheques of Rs. 16 Lakhs each got dishonoured due to
insufficient balance.
4. Mrs. Namrata Mishra, learned senior counsel
appearing on behalf of the petitioner submitted that
petitioner, who was the director of M/s Zenovia Healthcare
Private Limited, Kankarbagh Main Road, Patna, resigned from
his post through Company resolution dated 19th March, 2025.
5. It is submitted that as per resolution, the petitioner
was discharged from all the liabilities, debts and dues as on
the date of the company being director (Annexure P/4). It is
submitted that agreement was executed on behalf of the
company i.e. M/s Zenovia Healthcare Private Limited, who
took property of the complainant on rent.
6. It is submitted that due to hardship arising out of
Covid-19 situation, the rent was not paid by the company.
7. Arguing further, it is submitted by Mrs. Mishra that
despite the agreement was with the company and the cheque
in issue was drawn on behalf of the company, the company
not appears implicated with the present complaint case and,
therefore, on this score also, the complaint is also not
Patna High Court CR. MISC. No.87035 of 2025(2) dt.17-02-2026
3/4
convincing under the law. In support of her submission, Mrs.
Mishra relied upon the legal report of Hon’ble Supreme Court
as available through R. Kalyani Vs. Janak C. Mehta and
Ors reported in (2009) 1 SCC 516.
8. Mrs. Mishra further submitted that beside the
aforesaid complaint, complainant also filed recovery suit for
rent which is pending before the court of Sub-Judge, Patna
City, Patna. Petitioner claimed clean antecedent.
9. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
10. In view of the aforesaid factual submissions and
by taking note of the fact as dispute primarily appears civil in
nature and, moreover, for the alleged recovery civil suit also
appears pending between the parties, coupled with the fact
that petitioner resigned from the post of Director of the
company in issue in the month of March, 2025, where his
entire liabilities, debts and dues on behalf of the company
appears to be discharged, accordingly, above-named
petitioner, in the event of his arrest/surrender within a period
of four weeks from this order, is directed to be enlarged on
Patna High Court CR. MISC. No.87035 of 2025(2) dt.17-02-2026
4/4
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 Chief Judicial Magistrate, Patna
City/concerned court in connection with Complaint Case No.
198 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
Checking your session…