Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30051 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- AMBA District- Aurangabad ====================================================== 1.

Sanjay Kumar Singh S/o Late Sukhdeo Singh R/o Village - Mudila Road, Amba, PS - Amba, District - Aurangabad.

2.

Vipin Kumar S/o Sanjay Kumar Singh R/o Village - Mudila Road, Amba, P.S. - Amba, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-05-2026 Heard the parties.

2. The petitioners are named in the F.I.R. and apprehending their arrest in connection with Amba P.S. Case No. 10 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 221, 223, 224, 132, 352, 351(2) and 3(5) of BNS.

3. As per FIR petitioners alleged to mishandle and abuse the bank officer when they visited the house of the petitioners in connection with recovery of loan amount.

4. It is submitted by learned counsel appearing on behalf of the petitioners that admittedly the petitioners took loan from the Indian Bank and as due to some personal

Patna High Court CR. MISC. No.30051 of 2026(2) dt.11-05-2026 2/3 hardship he could not repay the same within time a proceeding was initiated under PDR Act Rule 53 against him. It is submitted that in said recovery proceedings, notice was issued against petitioners. It is also pointed out that the loan was obtained by petitioners after depositing the collateral with bank.

5. Arguing further, it is submitted that aforesaid proceeding was purely civil in nature and as such, there was no occasion by bank recovery agents and police to approach/chase the petitioners, if for any personal reason he failed to attend proceeding after notice, which suggests only that police in connivance with bank officials, themselves indulged in illegal things as they were in process of recovery of loan forcibly by defying the due process of recovery, which was already initiated and pending in the form of proceedings under PDR Act. While concluding arguments, it is submitted that petitioners claimed clean antecedent.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as the implication of petitioners with

Patna High Court CR. MISC. No.30051 of 2026(2) dt.11-05-2026 3/3 present criminal case prima-facie appears out of civil proceeding as he could not appear before the authority, where proceedings of PDR Act for recovery of loan was under progress, accordingly both above-named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad /concerned Court, where the case is pending in connection with Amba P.S. Case No. 10 of 2026, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T