Dismissed¶23

Ram Nandan Singh v. the State of Bihar

Patna HC2 Feb 2026CR. MISC./58342/2021

Case brief

AI extract

What is this about?

Cancellation of anticipatory bail dismissed; cheating and criminal breach of trust allegations over Rs. 29 lakhs for land registration; financial/civil dispute; bail proceedings not a tool for money recovery; non-honouring of agreement not criminal absent cheating from inception; Section 138 Negotiable Instrument Act; Bimla Tiwary vs. State of Bihar (2023) 11 SCC 607; District and Sessions Judge, Gaya; A.B.P. No. 889 of 2021; PS Case No. 67 of 2021 Gaya Mufassil; Patna High Court CR. MISC. No.58342 of 2021; Justice Smt. Soni Shrivastava.

What did the court decide?

The learned Sessions Judge, Gaya passed a well reasoned order granting anticipatory bail, considering the entire aspects of the case and the materials collected during investigation. ¶19

Ram Nandan Singh Vs the State of Bihar — Cheque Dishonour | Patna HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶23

Issue for consideration

Whether the anticipatory bail granted to opposite party no.2 by order dated 25.03.2021 in A.B.P. No. 889 of 2021 should be cancelled. +1 more

¶14

Court's answer

The learned Sessions Judge, Gaya passed a well reasoned order granting anticipatory bail, considering the entire aspects of the case and the materials collected during investigation.

¶19

Ratio / Principle

The dispute involves a financial transaction between the parties and the petitioner would always have alternative remedies to recover the alleged amount; the opposite party no.2 is not even the owner of the plot, which stands in the name of a different person, and no case under Section 138 of the Negotiable Instrument Act was filed for the dishonour of a cheque of Rs. 1,00,000/-.

¶19

Key takeaways

Applying the Supreme Court's ruling in Bimla Tiwary vs. State of Bihar, (2023) 11 SCC 607, criminal cases or bail proceedings must not be used as a tool for recovery of money, and non-honouring of an agreement does not strictly fall within criminal proceedings unless a clear case of cheating from inception is made out.ratio¶22
No infirmity is found in the order dated 25.03.2021 passed by the learned District and Sessions Judge, Gaya granting anticipatory bail to opposite party no.2; accordingly, the application for cancellation of bail is dismissed.ratio¶23

Detailed headnote1 paragraphs

Cancellation of anticipatory bail — Patna High Court (Smt. Soni Shrivastava, J.) dismissed the application for cancellation of anticipatory bail granted to opposite party no.2 (Satya Prakash @ Bittu) by the learned District and Sessions Judge, Gaya by order dated 25.03.2021 in A.B.P. No. 889 of 2021, arising out of PS Case No. 67 of 2021, Gaya Mufassil. The dispute concerned Rs. 29 lakhs and odd allegedly taken for registering a plot of land in favour of the petitioner. The Court found the Sessions Judge's order well reasoned; noted that the dispute involves a financial transaction with alternative civil remedies available to the petitioner; observed that the opposite party no.2 is not the owner of the plot and that no case under Section 138 of the Negotiable Instrument Act was filed for a cheque of Rs. 1,00,000/-. Relying on Bimla Tiwary vs. State of Bihar, (2023) 11 SCC 607, the Court held that criminal cases or bail proceedings must not be used as a tool for recovery of money, and that non-honouring of an agreement does not strictly fall within criminal proceedings unless a clear case of cheating from inception is made out. The petitioner was left at liberty to pursue alternative remedies for recovery of the amount.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58342 of 2021

¶2

Arising Out of PS. Case No.-67 Year-2021 Thana- GAYA MUFASIL District- Gaya

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======================================================

¶4

Ram Nandan Singh S/O Late Murarinandan Sharma R/O Village And P.OSonout, P.S-Mufassil, District-Gaya (Bihar).

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State Of Bihar

¶8

Satya Prakash @ Bittu R/O Village-Chitawan, P.S-Kutumba, District-Gaya.

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Dinu Kumar, Advocate : Mr. Vardaan Mangalam, Advocate : Mrs. Ritika Rani, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ======================================================

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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4 02-02-2026

¶13

Heard learned counsel for the petitioner and learned APP for the State.

¶14

The present application has been filed for cancellation of bail granted to the opposite party no.2 by order dated 25.03.2021 passed by the Court of learned District and Sessions Judge, Gaya in A.B.P. No. 889 of 2021.

¶15

Short facts of the case relates to the fact that the opposite party no.2 has committed offence of cheating and criminal breach of trust by not returning the amount to the tune of Rs.29 lakhs and odd taken by him for the purposes of registering a plot of land in favour of the petitioner.

¶16

The learned counsel for the petitioner submits

¶17

Patna High Court CR. MISC. No.58342 of 2021(4) dt.02-02-2026 2/3

¶18

that the order granting anticipatory bail to the opposite party no.2 has considered the present case to be one of civil nature and has considered that there can be some future chances of settlement of dispute and the money can be recovered from civil proceeding, however, the present case relates to offence of cheating having been committed as the opposite party no.2 after having taken a huge amount for the purposes of registration of land in favour of the informant has gone back on his words and has thus committed criminal breach of trust also.

¶19

This Court has gone though the contents of the First Information Report as also the order granting anticipatory bail to the opposite party no.2 and upon perusal of the same, this Court finds that the learned Sessions Judge, Gaya has passed a well reasoned order considering the entire aspects of the case and also considering the materials that have been collected during the course of investigation. It has also been considered that the dispute involves financial transaction between the parties and the petitioner would always have the alternative remedies to recover the alleged amount. It has also been considered that the opposite party no.2 is not even the owner of the concerned plot of land and the said land stands in the name of different person and no case under Section 138 of Negotiable

¶20

Patna High Court CR. MISC. No.58342 of 2021(4) dt.02-02-2026 3/3

¶21

Instrument Act has been filed for dishonour of cheque relating to Rs.1,00,000/- given by the opposite party no.2 to the petitioner.

¶22

Taking into consideration the fact that the Hon’ble Supreme Court has also laid down law in this regard that the criminal cases or bail proceedings must not be used as a tool for recovery of money, as held in the case of Bimla Tiwary vs. State of Bihar, reported in (2023) 11 SCC 607 , and not honoring of agreement would also not strictly fall within the ambit of a criminal proceeding unless and until a clear case of cheating right from the inception is made out.

¶23

In such view of the matter, this Court does not find any infirmity with the order dated 25.03.2021 passed by learned District and Sessions Judge, Gaya whereby anticipatory bail has been granted to the opposite party no.2, as such, the present application stands dismissed.

¶24

Needless to say, the petitioner would always have the liberty to take recourse to other alternative remedies for recovering of his amount. However, the learned Court concerned is directed to proceed in the matter expeditiously.

¶25

anand/- U T

Ram Nandan Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Nandan Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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