Patna High Court
Ghanshyam SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner pending trial.
Summary
Ghanshyam Singh, a recovery officer with Bihar Gramin Bank, applied for bail fearing arrest in a 2016 complaint (No.1231C) alleging offences under IPC sections 420, 467, 468, 471, 474 and 120B. The complaint was lodged by the brother of one accused against his own brother, the banker, and other persons. The petitioner contended that he was falsely implicated, highlighted pending private disputes between the parties, and emphasized his status as a government servant and responsible citizen. The Court observed that the matter involved a private dispute and found no justification to deny bail. Accordingly, it allowed the bail application, directing the petitioner to furnish a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS. The petition was disposed in the petitioner’s favour.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC in view of the alleged offences and the existence of a private dispute between the parties
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- private dispute
- false implication
- IPC offences
- government servant
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88697 of 2025
Arising Out of PS. Case No.-1231 Year-2016 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Ghanshyam Singh S/O Late Vijay Kumar Singh Resident of Village and P.O.
and P.S- Damodarpur, Distt.- Vaishali, Presently posted as a recovery officer,
Bihar Gramin Bank, Patepur Branch, P.S- Patepur, Dist.- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Rajeev Kumar Agrawal S/O Arvind Kumar Agrawal @ Arbind Kumar
Agrawal R/O Village- Mungeriganj, P.S- Town, Distt.- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Udbhav
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Complaint case No. 1231C of 2016 registered
for the offence under Sections 420, 467, 468, 471, 474, 120B of
the Indian Penal Code.
3. As per the prosecution case, the complainant is
the brother of the accused no. 1 and he has made allegation
against his own brother, the banker and other persons.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
Patna High Court CR. MISC. No.88697 of 2025(2) dt.04-02-2026
2/2
5. Learned counsel for the petitioner further
submits that a number of litigations are pending between the
parties and the petitioner is government servant and he is a
responsible citizen.
6. Considering the fact that there is private dispute
between the parties, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned Judicial
Magistrate, 1st Class, Begusarai/concerned Court below in
connection with Complaint Case No. 1231c of 2016, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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