Patna High Court
Wasim AhmadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court granted provisional pre‑arrest bail to the petitioner, directing mediation for settlement of the dispute.
Summary
The petitioner, Wasim Ahmad, was charged under IPC sections 420, 504 and 506 for allegedly cheating Ranjeet Kumar of Rs 5 lakh in a purported vehicle purchase. The informant claimed he paid Rs 2.5 lakh each, but the vehicle was never delivered and the money was not returned. The petitioner denied receiving any money, asserted his innocence and clean antecedents, and sought pre‑arrest bail. The court observed that the FIR lacked specific details such as the vehicle’s registration number, making the allegation vague, and noted that while a monetary transaction was admitted, its purpose could not be conclusively established. Consequently, the court granted provisional bail under CrPC §438(2) and §482(2), directed the district court to attempt mediation per Supreme Court precedents, and ordered the bail application to be disposed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged cheating under IPC 420, 504 and 506.
- Whether the vagueness of the allegations and lack of vehicle details justify denial of bail.
- Whether mediation is an appropriate avenue for resolving the dispute.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 420, 504, 506
- Motor Vehicles Act
Subjects
- pre‑arrest bail
- cheating
- IPC 420
- mediation
- Criminal Procedure Code
- Motor Vehicles Act
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11897 of 2026
Arising Out of PS. Case No.-629 Year-2024 Thana- WAJIRGANJ District- Gaya
======================================================
Wasim Ahmad Son of Salim Khan Resident of Bana Bigha, P.S.,- Wazirganj,
District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjeet Kumar S/o Krishna Prasad, R/o village- Kenar, P.S. Wazirganj,
District Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate.
For the Opposite Party/s : Mr.Kalyan Shankar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Wazirganj P.S. Case No. 629 of 2024 registered for the
offence punishable under Sections 420, 504 and 506 of the
Indian Penal Code.
3. The prosecution case, in brief, is that the informant
Ranjeet Kumar alleged before the S.H.O., Wazirganj P.S. that
the accused Wasim Ahmad induced him to pay Rs. 5,00,000/-
for purchase of a four-wheeler, of which the informant and his
friend paid Rs. 2,50,000/- each; however, neither the vehicle
was delivered nor the money was returned, and despite
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executing an agreement for repayment, the accused failed to
refund the amount, thereby cheating the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the case. He has not received any
money from the informant and his friend. The petitioner has
clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., it appears that the informant has transferred certain
amount pursuant to an alleged oral agreement for the sale of a
vehicle; however, neither the registration number nor the
ownership details of the said vehicle have been specified. In
view of such vague allegation, and further considering that
certain monetary transaction between the parties is admitted, it
cannot be conclusively inferred that the said transactions were
solely for the purchase of a vehicle from the petitioner.
7. The petitioner, above named, is directed to be
released on bail provisionally, on such terms and conditions, as
the learned District Court deems it fit and proper, subject to the
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condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
8. Learned District Court is directed to examine the
matter for settlement of the dispute outside the court by way of
mediation in light of the law laid down by the Apex Court in
case of Paramjeet Batra v. State of Uttarakhand reported in
(2013) 11 SCC 673; S. N. Vijayalakshmi & Ors. vrs. The State
of Karnataka and Anr. reported in (2025) SCC Online SC 1575
and Delhi Race Club (1940) Ltd. & Ors. vs. State of Uttar
Pradesh & Anr. in Criminal Appeal No. 3114 of 2024 and take
necessary steps to issue notices to the respective parties and
upon their appearance refer the matter before the learned
Mediator of the District Mediation Centre by fixing a date for
appearance of the parties to give effect to “Mediation for the
Nation 2.0”.
9. If the parties are inclined to proceed with the
alleged agreement, learned District Court must ensure that the
requisite forms, as mandated under the provisions of the Motor
Vehicles Act, are duly executed and the transfer is effected
strictly in accordance with law. In the event the parties fail to
furnish the registration number of the vehicle concerned, the
learned District Court shall be at liberty to take appropriate
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action against them for unnecessarily consuming the valuable
time of the Court.
10. The bail application stands disposed of.
11. 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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