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Patna High Court

Wasim AhmadversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.11897 of 2026(3) dt.22-04-2026
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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
Patna High Court CR. MISC. No.11897 of 2026(3) dt.22-04-2026
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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
           Patna High Court CR. MISC. No.11897 of 2026(3) dt.22-04-2026
                                                       4/4




                     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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