Patna High Court – Orders
Sanjeev Kumar Sharma @ Sanjeev Kumar vs The State Of Bihar on 3 August, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22715 of 2026
Arising Out of PS. Case No.-433 Year-2025 Thana- GANDHIMAIDAN District- Patna
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Sanjeev Kumar Sharma @ Sanjeev Kumar Son of Shri Gobardhan Sharma
R/o Village - Dhanauja, P.S. - Maheeshi, Dist. - Saharsa, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dr. Om Shankar S/o- Kumar Kishore Yadav R/o- Barateni PO-Lashkari PS-
Udakishunganj Madhepura
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam, Adv
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
4 03-08-2026
Heard the learned counsel for the petitioner, the
learned counsel appearing on behalf of the opposite party no. 2
and the learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Gandhi Maidan P.S. Case No. 433 of 2025, for allegedly
having committed offence under Sections 420, 467, 468, 471,
406, 504, 506, 120(B) of the I.P.C.
3. As per the prosecution case, which has been lodged
on the basis of the written report submitted by the informant to
the effect that cousin brother of the informant namely Minku
Kumar entered into a contract with the petitioner for starting a
Bio-gas/Petrol Pump project at Madhepura. It has further been
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alleged that the management of I.B.F.C. company took his
signature along with documents for the dealership of the Bio-
gas Plant at Madhepura. On different dates, he gave Rs.
35,00,000/- lakhs in account and Rs. 5,00,000/- in cash. It has
further been alleged that during course of entire transactions, the
officials and employees of the Indian Biozola Corporation,
Patna together hatched a criminal conspiracy and committed
dishonest embezzlement. During entire contract period and even
after the expiry of the contract period, no officer or employee of
the I.B.F.C. provided any product or service to the company
namely, M/s Saraswati Biofuels Center. It has further been
alleged that the father of the informant has carried out
standardized construction on the land selected for the petrol
pump, which cost Rs. 10,00,000/-, and the land has remained
unoccupied ever since. Neither the products, nor services were
supplied as per the contract, nor was the Biofuels Centre got
operational, causing significant economic and social loss.
Despite completing all the formalities of the company, the
employees have not provided any type of services for several
years. Further allegation in the FIR is that he repeatedly
contacted the company but no solution was provided and then
the cousin of the informant and his father went to meet them at
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old address, however, the office was found to be locked. It has
further been alleged that when they tried to meet the officials of
the company, they threatened the informant to face dire
consequences. The officials of the company conspired and
forged a one-sided contract by getting signatures on the plain
paper and stamp paper so that his father’s life saving could be
defrauded and legal action could not be taken against the
persons named in the FIR.
4. The learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the present case by
the informant with ulterior motive. He submits that dispute, if
any, is related to commercial transactions and to put pressure
upon the petitioner and others the present FIR has been lodged.
He submits that the company of the petitioner invited
applications in a specified form for shortlisting the candidates
for establishment of Petrol Pump of Bio fuel Company. After
submissions of the application, the informant was shortlisted
and thereafter a letter of intent was issued to all the shortlisted
persons. It was directed to the shortlisted candidates, including
the informant, to get the environmental clearance from the State
authorities or the District Magistrate, so as to get the
establishment of Petrol Pump, however the informant failed to
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get the required clearance as mandated by law and therefore his
allotment got cancelled. He further submits that petitioner did
not take any signature on any plain paper, but from perusal of
the agreement dated 03.02.2020, it would appear that the said
agreement was signed by both the parties and therefore the
allegation made in the FIR are completely false. He submits that
so far the allegation of the informant that the petitioner has
taken Rs. 40,00,000/-, is completely false. He has received only
an amount to the tune of Rs. 24,99,651/-, which would be
evident from the ledger report brought on record by the
petitioner by way of Annexure- 4. He further submits that no
cash transaction was made in between the parties. He further
submits that since the informant did not get any no objection
from the authorities concerned, therefore Bio-fuel Pump could
not be established. The learned counsel for the petitioner further
submits that he is ready and willing to return the amount, which
has been accepted by him in the present petition i.e. 24,99,651/-.
He submits that the petitioner is an accused in three other cases
and for which he has already filed anticipatory bail petitions
bearing Cr. Misc. No. 25818 of 2026, Cr. Misc. No. 23158 of
2026 and Cr. Misc. No. 71792 of 2023. He submits that three
cases are of almost similar nature and in all the cases, this
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Hon’ble Court has directed for taking no coercive steps against
the petitioner and directed for settlement of the cases through
mediation and has referred the matter to the Patna High Court
Mediation Centre, where the matters are still pending.
5. Per contra, the learned counsel appearing on behalf
of the Informant while opposing the prayer for anticipatory bail
of the petitioner and submits that he is not ready to settle the
case and he wants his entire Rs. 50,00,000/- and unless the same
will not be given, he will not settle the dispute with the
petitioner. He submits that true fact is that the petitioner had
obtained Rs. 35,00,000/-, in account and Rs. 5,00,000/-, in cash
from the informant. Further the father of the informant has
already invested around Rs. 10,00,000/- in development of the
land, on which the petitioner gave him assurance for opening
Bio-fuel Center. He submits that the petitioner not only cheated
the informant herein, but he is in the habit of cheating innocent
persons, like the informant, which would be apparent from
criminal cases pending against him of similar nature. The
learned counsel for the informant submits that the petitioner
with a dishonest intention induced the informant and his family
member to give him money for opening a Bio-Fuel Centre and
subsequently the said Centre was not opened and the petitioner
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did not return the amount to the informant.
6. The learned APP for the State also opposes the
prayer for bail of the petitioner and submits that three criminal
cases of similar nature are pending against the petitioner and
therefore he does not deserve the privilege of anticipatory bail.
7. Having considered the rival submissions and after
going through the records, it appears that there is an allegation
of giving Rs. 35,00,000/-, to the petitioner by the informant and
his family members in the account of the petitioner and Rs.
5,00,000/- in cash to him. Further it has been stated that the
father of the informant has already invested Rs. 10,00,000/- for
development of the said land on which Bio-fuel Center was to
be opened. It appears that an agreement was entered into
between the cousin brother of the informant as well as the father
of the informant with the authorized signatories and the
company namely, Indian Biozola Corporation on 03.02.2020. It
has been alleged in the FIR that from different accounts Rs.
35,00,000/- was transferred in the bank account of the petitioner
and other office bearers of the company. Due to not obtaining
the environmental clearance certificate, which was to be
obtained by the informant and his family members, the petrol
Pump could not be established. The petitioner in this petition
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has stated that he has received Rs. 24,99,651/- and which he is
ready and willing to pay to the informant and his family
members, however the learned counsel appearing on behalf of
the informant, on instructions from the informant submits that
the informant is not ready to accept the same. It further appears
that the petitioner filed Cr. Misc. No. 25818 of 2026 before this
Hon’ble Court and a learned Co-ordinate Bench of this Court
while directing for no coercive steps to be taken against the
petitioner, referred the matter to the Patna High Court Mediation
Center for settlement with the informant of the said case.
Further he filed Cr. Misc Case No. 23158 of 2026, however the
same is pending for consideration before this Hon’ble Court.
The petitioner filed Cr. Misc. No. 71792 of 2023 and a learned
Co-ordinate Bench of this Court filed vide order dated
29.02.2024 granted the anticipatory bail to the petitioner. It
further appears that although the petitioner is ready and willing
to pay the amount of Rs. 24,99,651/-, to the informant, however,
the informant is not ready to accept and an agreement is there in
between the parties, therefore, the informant to put pressure
upon the petitioner has filed the present case and is even not
ready to accept the amount, which the petitioner has agreed to
return. The petitioner has a civil remedy available to him for
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recovery of the said amount and to settle the dispute, but to put
pressure upon the petitioner, the present case has been lodged.
Considering the above, let the petitioner, above named in the
event of arrest/surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Sub-Divisional
Judicial Magistrate, Patna in connection with Gandhi Maidan
P.S. Case No. 433 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. and subject to the
following condition:-
(I) That the learned court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedent, the court concerned shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
shital/- (Ritesh Kumar, J) U T
