Patna High Court
Ravi Ranjan Singh @ Raviranjan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court granted interim pre‑arrest bail and ordered the parties to pursue mediation, disposing the bail application.
Summary
Petitioners Ravi Ranjan Singh and Ashish Kumar Singh applied for pre‑arrest bail in a complaint alleging offences under Sections 420, 419, 467, 468, 120B, 406, 504, 506 and 323 IPC, stemming from a land‑transaction dispute with the complainant Rameshwar Prasad Singh. The complainant alleged that the petitioners, in conspiracy with others, fraudulently obtained registration of land already vested in him, leading to assault and cheating. The petitioners contended that the matter is essentially a civil dispute and sought mediation, requesting bail. The High Court, relying on Supreme Court pronouncements on the limited use of Section 482 CrPC and the need to prevent abuse of process, directed the parties to attempt mediation before the District Mediation Centre and granted interim pre‑arrest bail subject to conditions. The application was disposed, with directions that if mediation succeeds the bail will continue and the criminal case may be withdrawn.
Issues considered
- Whether the pre‑arrest bail application should be granted in a case that may be a civil dispute disguised as a criminal complaint.
- Whether the High Court can, under Section 482 CrPC, stay or quash criminal proceedings when a civil remedy is available.
- Whether directing the parties to mediation is an appropriate exercise of the Court's jurisdiction.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- pre‑arrest bail
- mediation
- civil dispute
- criminal complaint
- Section 482 CrPC
- cheating
- criminal breach of trust
- land dispute
- alternative dispute resolution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10099 of 2026
Arising Out of PS. Case No.-870 Year-2024 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
1. Ravi Ranjan Singh @ Raviranjan Singh Son of Jagarnath Singh Resident of
Village - Chaturpur, Gopalur, P.S. - Nayagaon, Dist. - Saran.
2. Ashish Kumar Singh Son of Abhay Kumar Singh Resident of Village –
Kastun Chak, P.S. - Nayagaon, Dist. - Saran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rameshwar Prasad Singh Son of Late Satynarayan Singh Resident of
Village - Murthan, P.S. - Sonepur, Dist. - Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vatsal Verma, Advocate.
For the Opposite Party/s : Mr.Ram Anurag Singh, APP.
For O.P. No.2 : Mr. Danish Sami, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing on behalf of the
petitioners; learned APP for the State and learned counsel for the
O.P. No.2.
2. As prayed for, learned counsel appearing on behalf
of the petitioners is permitted to implead Satendra Narayan
Singh and Damodar Singh as opposite party nos. 3 and 4, in
course of the day.
3. The petitioners seek pre-arrest bail in connection
with Complaint Case No. 870 of 2024 registered for the offence
punishable under Sections 420, 419, 467, 468, 120B, 406, 504,
506 and 323 of the Indian Penal Code.
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4. The prosecution case, as alleged by the complainant
Rameshwar Prasad Singh, is that on 01.04.2024 he was abused
and assaulted by the petitioners along with other accused
persons. The complainant states that he had earlier purchased
land from Satendra Narayan Singh, appertaining to Khata No.
278, Khesra No. 1205, measuring 5½ kathas in Mauza Murthan
for Rs. 61,000/- vide Deed No. 11073 dated 17.11.2009, and
another land bearing Khata No. 280, Khesra No. 1206,
measuring 6 kathas 13 dhurs for Rs. 1,22,000/- vide Deed No.
6745. It is alleged that despite the said lands already being
registered in favour of the complainant in 2008 and 2009, the
accused persons, in conspiracy with Damodar Singh, a relative
of Satendra Narayan Singh, subsequently got the same land
registered in favour of the petitioners, thereby cheating the
complainant and attempting to grab his property and money.
The complainant further claims that he is in possession of the
land and that the accused have no right over it, and in support of
his claim he has annexed photocopies of the land documents,
receipts, and the family genealogy before the learned court
below.
5. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and they
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have falsely been implicated in the case. He further submits that
the matter primarily relates to civil dispute between the parties
and for amicable settlement of dispute between the parties
outside the Court, the matter be referred for mediation.
6. Learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the O.P. No.2 jointly
submitted that a chance be given to the parties for amicable
settlement outside the court.
7. The petitioners’ counsel informs that he has
received instruction that the petitioners also want to reconcile
the dispute by way of mediation.
8. Both the parties have agreed to appear before the
learned District Court at 10:30 A.M. on 17.03.2026 for
resolving the dispute by way of mediation.
9. Heard the parties
10. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the F.I.R., I am of the opinion that an opportunity is
required to be given to the parties to settle their score amicably
outside the Court.
11. In this regard, I find it apt to take note of the
observation made by the Apex Court in case of Paramjeet
Patna High Court CR. MISC. No.10099 of 2026(2) dt.12-03-2026
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Batra v. State of Uttarakhand reported in (2013) 11 SCC 673,
in which, the Apex Court in paragraph no. 12 has held as
follows:
"12. While exercising its jurisdiction
under Section 482 of the Code the High Court has to
be cautious. This power is to be used sparingly and
only for the purpose of preventing abuse of the
process of any court or otherwise to secure ends of
justice. Whether a complaint discloses a criminal
offence or not depends upon the nature of facts
alleged therein. Whether essential ingredients of
criminal offence are present or not has to be judged
by the High Court. A complaint disclosing civil
transactions may also have a criminal texture. But
the High Court must see whether a dispute which is
essentially of a civil nature is given a cloak of
criminal offence. In such a situation, if a civil
remedy is available and is, in fact, adopted as has
happened in this case, the High Court should not
hesitate to quash the criminal proceedings to
prevent abuse of process of the court."
(emphasis supplied)
12. The Apex Court has reiterated the aforesaid
proposition in recent judgment of S. N. Vijayalakshmi & Ors.
vrs. The State of Karnataka and Anr. reported in (2025) SCC
Online SC 1575.
13. The Apex Court while considering the content of
ingredients of Sections 406 and 420 of the Indian Penal Code in
the case of Delhi Race Club (1940) Ltd. & Ors. vs. State of
Uttar Pradesh & Anr. in Criminal Appeal No. 3114 of 2024,
after discussing the earlier law laid down in several cases, has
observed in paragraphs nos. 35, 36 and 37, inter alia as follows:
Difference between criminal breach of trust
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and cheating
35. This Court in its decision in S.W.
Palanitkar v. State of Bihar S.W. Palanitkar v. State of
Bihar, (2002) 1 SCC 241 expounded the difference in the
ingredients required for constituting of an offence of
criminal breach of trust (Section 406 IPC) vis-à-vis the
offence of cheating (Section 420). The relevant observations
read as under :
“9. The ingredients in order to constitute a
criminal breach of trust are : (i) entrusting a person with
property or with any dominion over property; (ii) that
person entrusted : (a) dishonestly misappropriating or
converting that property to his own use; or (b) dishonestly
using or disposing of that property or wilfully suffering any
other person so to do in violation (i) of any direction of law
prescribing the mode in which such trust is to be
discharged, (ii) of any legal contract made, touching the
discharge of such trust.
10. The ingredients of an offence of cheating
are : (i) there should be fraudulent or dishonest inducement
of a person by deceiving him, (ii)(a) the person so deceived
should be induced to deliver any property to any person, or
to consent that any person shall retain any property; or (b)
the person so deceived should be intentionally induced to
do or omit to do anything which he would not do or omit if
he were not so deceived; and (iii) in cases covered by (ii)
(b), the act of omission should be one which causes or is
likely to cause damage or harm to the person induced in
body, mind, reputation or property.”
36. What can be discerned from the above is
that the offences of criminal breach of trust (Section 406
IPC) and cheating (Section 420 IPC) have specific
ingredients:
In order to constitute a criminal breach of
trust (Section 406 IPC)
(1) There must be entrustment with person for
property or dominion over the property, and
(2) The person entrusted:
(a) Dishonestly misappropriated or converted
property to his own use, or
(b) Dishonestly used or disposed of the
property or wilfully suffers any other person so to do in
violation of:
(i) Any direction of law prescribing the
method in which the trust is discharged; or
(ii) Legal contract touching the discharge of
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trust (see : S.W. Palanitkar [S.W. Palanitkar v. State of
Bihar, (2002) 1 SCC 241.
Similarly, in respect of an offence under
Section 420IPC, the essential ingredients are:
(1) Deception of any person, either by making
a false or misleading representation or by other action or
by omission;
(2) Fraudulently or dishonestly inducing any
person to deliver any property, or
(3) The consent that any person shall retain
any property and finally intentionally inducing that person
to do or omit to do anything which he would not do or omit
(see : Harmanpreet Singh Ahluwalia v. State of Punjab
[Harmanpreet Singh Ahluwalia v. State of Punjab, (2009) 7
SCC 712.
37. Further, in both the aforesaid sections,
mens rea i.e. intention to defraud or the dishonest intention
must be present, and in the case of cheating it must be there
from the very beginning or inception."
14. Both the parties have willingly desired to appear
before the learned District Court on or before 17.03.2026, so
that the matter can be referred to the District Mediation Centre.
15. Learned District Court is directed to take
necessary steps to refer the matter before the learned Mediator
of the District Mediation Center by fixing a date for appearance
of the parties to give effect to “Mediation for the Nation 2.0”.
16. Learned Mediator of the District Mediation Center
concerned, upon appearance of the parties, shall make his/her
best efforts to settle the dispute amicably and thereafter submit
his/her report before the concerned learned District Court, well
within a period of three months, till then, no coercive action
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shall be taken against the petitioners in connection with the
aforesaid case.
17. In case, the parties resolve their dispute amicably
or arrive at a mutual settlement, in light of the law laid down by
the Apex Court as referred hereinabove, the petitioners are
required to be released on pre-arrest bail on such terms and
conditions as the learned District Court deems it fit and proper.
18. In case of failure on the part of the petitioners to
appear on 17.03.2026 before the learned District Court or any
date fixed by the learned Mediator, the interim protection
granted to the petitioners shall automatically lose its force.
19. In case, it is deliberate on the part of the
complainant to reconcile, then in that case, the interim
protection granted to the petitioners shall continue and the trial
shall proceed in accordance with law.
20. In case, the parties fail to reconcile, then in that
case, parties may avail appropriate remedy. Then also,
petitioners are directed to be released on pre-arrest bail on such
terms and conditions as the learned District Court deems it fit
and proper.
21. If both the parties arrive at amicable settlement,
then they must withdraw the criminal cases, if any, which they
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have lodged against each other.
22. With aforesaid direction and observation, the
present application stands disposed of.
23. Let a copy of this order be communicated to the
Member Secretary, Bihar State Legal Services Authority and the
Patna High Court Mediation Centre for the purpose of record.
(Purnendu Singh, J)
mantreshwar/-
U T
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