Patna High Court
Sudhanshu Kumar ShekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, former chairman and manager of Dumra PACS, were charged under Sections 316(2), 315(5) and 318(4) of the Bhartiya Nyaya Sanhita, 2023 for defaulting on a loan of Rs. 8,75,173.06 taken from Motihari Central Cooperative Bank. At the time of the FIR, an outstanding amount of Rs. 7,29,454.45 remained unpaid. The petitioners applied for anticipatory bail, contending that they were unable to repay due to financial constraints but have now cleared all dues. The bank concurred that the loan has been fully repaid. Considering the nature of the allegations and the fact that the loan has been settled, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners charged under Sections 316(2), 315(5) and 318(4) of the Bhartiya Nyaya Sanhita, 2023?
- Does the repayment of the loan amount affect the grant of anticipatory bail in this case?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 315(5), 316(2), 318(4)
Subjects
- anticipatory bail
- loan default
- cooperative bank
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- Section 316
- Section 315
- Section 318
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91475 of 2025
Arising Out of PS. Case No.-369 Year-2025 Thana- KOTWA District- East Champaran
======================================================
1. Sudhanshu Kumar Shekhar S/o- Awadhesh Chaubey Village- Dumara PS-
Kotwa District- East Champaran
2. Deevakar Chaubey @ Diwakar Gautam S/o- Umesh Pandey Village-
Dumara PS- Kotwa District- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Motihari Central Cooperative Bank through the Branch Incharge,
Areraj, East Champaran Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar
For the State : Mr. Ajit Kumar
For the Bank : Mr. Bindhyachal Rai
For the BSFC : Mr. Niraj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
7 29-04-2026 1. Heard learned Counsel for the parties concerned.
2. This application, for grant of anticipatory bail, arises out
of Kotwa Police Station Case No. 369 of 2025, dated
08.10.2025, disclosing offences punishable under
Sections 316(2)/315(5)/318(4) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the petitioners, who are the Ex-Chairman and
manager of Dumra PACS, have taken loan of Rs.
8,75,173.06/- from the Motihari Central Co-operative
Patna High Court CR. MISC. No.91475 of 2025(7) dt.29-04-2026
2/3
Bank Limited for management of the said PACS, but the
petitioner did not repay the entire loan amount and on the
date of lodging of the First Information Report, the total
outstanding was Rs. 7,29,454.45/-.
4. Learned Counsel for the petitioner submits that due to
financial constraint, the petitioners could not replay the
loan amount. He further submits that now, the petitioners
have cleared all the dues of the loan account.
5. Learned Counsel for the Bank submits that as of now, the
petitioners have cleared all their dues.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the nature of
allegation and the fact that the petitioners have cleared the
loan account, I am inclined to grant the petitioners
privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of his arrest
or surrender before the Court below within a period of
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 learned
Judicial Magistrate, 1st Class, East Champaran, at
Patna High Court CR. MISC. No.91475 of 2025(7) dt.29-04-2026
3/3
Motihari, in connection with Kotwa Police Station Case
No. 369 of 2025, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
Checking your session…