Patna High Court
Chitranjan Kumar @ Chitranjan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the dispute is civil in nature and bail is appropriate under Section 482(2).
Summary
The petitioner, Chitranjan Kumar, was named in an FIR for allegedly cheating Rs. 52 lakhs from an informant, with charges under Sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act. He contended that the dispute stemmed from a partnership disagreement over profit sharing in the business M/s Outdoor Fitness and that the criminal implication was unwarranted. The State opposed his bail application. The court observed that the matter appeared to be a civil partnership dispute and, applying Section 482(2) of the Bihar Criminal Procedure Code, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail was to be executed within four weeks before the Sub Judge IX cum ACJM IX, Patna. The order effectively granted the petitioner's bail and dismissed the immediate detention.
Issues considered
- Whether the allegations constitute a criminal offence warranting denial of bail
- Whether the dispute is essentially civil in nature arising from a partnership disagreement
- Applicability of Section 482(2) of the Bihar Criminal Procedure Code in granting bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4)
Subjects
- bail
- cheating
- partnership dispute
- civil vs criminal
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87801 of 2025
Arising Out of PS. Case No.-25 Year-2025 Thana- SHASTRINAGAR District- Patna
======================================================
Chitranjan Kumar @ Chitranjan Kumar Singh S/O Krishna Murari R/O 758
Road No.1 Magadh Colony, Chandauti More, Post- Chandauti, P.S- Magadh
Medical College, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Sinha
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Shastri Nagar P.S.
Case No. 25 of 2025 registered for the offences punishable
under Sections 316(2), 318(4) of BNS.
3. As per FIR, petitioner alleged to cheat total of Rs.
52 lakhs from the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that admittedly this petitioner was the
business partner of the informant who was running the
business in the name of M/s Outdoor Fitness. It is submitted
that out of dispute and differences related with share in profit
Patna High Court CR. MISC. No.87801 of 2025(2) dt.17-02-2026
2/2
the present false implication was raised which is completely
un-occassioned and un-warranted. While concluding
arguments, it is submitted that petitioner is a man of clean
antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as primarily dispute appears civil in nature
arising out of partnership dispute, accordingly petitioner
above-named, in the event of his arrest or surrender before
the court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Sub Judge IX cum
ACJM IX, Patna /concerned Court, where the case is pending
in connection with Shastri Nagar P.S. Case No. 25 of 2025,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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