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Patna High Court

Samir Nath JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered interim pre‑arrest bail and directed mediation, holding that the dispute is essentially civil and should be resolved amicably before proceeding with criminal action.

Summary

The petitioners, Samir Nath Jha and his wife, applied for pre‑arrest bail in a case where an informant alleged that they received Rs 6.20 lakh for a land transaction that was never completed and the amount was not returned. The petitioners contended that the matter is a civil monetary dispute and that the informant should have approached a civil court instead of filing an FIR. The State argued that the petitioners deliberately cheated the informant, constituting fraud. The High Court, relying on Supreme Court precedents, held that where a civil dispute is cloaked as a criminal case, the court should encourage settlement and use its powers sparingly. Consequently, the Court directed the parties to appear before the District Court for mediation, granted interim pre‑arrest bail conditioned on mediation, and disposed of the bail application.

Issues considered

  • Whether the FIR discloses a cognizable criminal offence or merely a civil dispute.
  • Whether the petitioners are entitled to pre‑arrest bail pending mediation.
  • Whether the High Court should exercise its inherent powers under Section 482 CrPC to quash or stay the criminal proceedings.

Legislation cited

Subjects

  • pre‑arrest bail
  • civil dispute
  • mediation
  • Section 482 CrPC
  • abuse of process
  • criminal breach of trust
  • cheating
  • Indian Penal Code
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13066 of 2026
                 Arising Out of PS. Case No.-70 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
           1.     Samir Nath Jha S/O Late Balbodh Jha R/O Village - Sarwsima, P.s - Bhairab
                  Asthan, District - Madhubani
           2.    Soni Devi W/o Mr. Samir Nath Jha R/O Village - Sarwsima, P.s - Bhairab
                 Asthan, District - Madhubani
                                                                      ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar
           2.     Bharat Nath Jha S/o- Late Kedar Nath Jha, R/o Village- Naruar, P.S.-
                  Bhairab Asthan, District- Madhubani
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Thakur, Advocate.
                 For the Opposite Party/s :     Mr.Satya Nand Shukla, APP.
                 For O.P. No.2            :     Mr. Gautam Kejriwal, Advocate.
                                                Mr. Alok Kumar Jha, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   28-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioners, learned counsel for the O.P. No.2 and learned APP

                   for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Bhairab Asthan P.S. Case No. 70 of 2025 registered for the

                   offence punishable under Sections 318(4), 316(2) and 3(5) of

                   the BNS.

                                3. As per the allegation made in the F.I.R., informant

                   is said to have paid Rs.6,20,000/- to the petitioners in their bank

                   account for executing a piece of land, details of which is

                   mentioned in the F.I.R., but neither the sale deed was executed

                   nor the amount paid to the petitioners was returned to him.
Patna High Court CR. MISC. No.13066 of 2026(3) dt.28-04-2026
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                       4. Learned counsel appearing on behalf of the

          petitioners submits that the petitioners are innocent and have

          been falsely implicated in the present case. It is further

          submitted that the allegations made in the F.I.R. do not disclose

          any criminal ingredients and that the dispute primarily arises out

          of a monetary transaction between the parties. Learned counsel

          contends that, instead of availing the appropriate remedy before

          the competent Civil Court by filing a money suit, the informant

          has lodged the present F.I.R. with a view to put undue pressure

          upon the petitioners. Learned counsel, referring to paragraph

          nos. 10 and 11, submits that, in fact, the amount claimed by the

          informant was required to be returned to the petitioners, as the

          father of petitioner no. 1 had paid the said amount to the

          informant towards the purchase of building materials. He further

          submitted that for amicable settlement of dispute between the

          parties outside the Court, the matter be referred for mediation.

                       5. Per contra, Mr. Gautam Kejriwal, learned counsel

          appearing on behalf of the informant, submits that the

          petitioners, with a pre-conceived mind, committed fraud by not

          executing sale deed and thereby cheated the informant. In such

          circumstances, the informant had no alternative than to lodge

          the present F.I.R. He further submitted that a chance be given to
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          the parties for amicable settlement outside the court.

                       6. Learned counsel appearing on behalf of the parties,

          on instructions, submitted that the parties have agreed to appear

          before the learned District Court at 10:30 A.M. on or before

          15.05.2026

                       7. Heard the parties

                       8. 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.

                       9. In this regard, I find it apt to take note of the

          observation made by the Apex Court in case of Paramjeet

          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
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                                  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)

                        10. 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.

                       11. 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
                          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
Patna High Court CR. MISC. No.13066 of 2026(3) dt.28-04-2026
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                          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
                          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."
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                       12. The parties have willingly desired to appear

          before the learned District Court on or before 15.05.2026, so

          that the matter can be referred to the District Mediation Centre.

                       13. 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”.

                       14. 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

          shall be taken against the petitioners in connection with the

          aforesaid case.

                       15. 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.

                       16. In case of failure on the part of the petitioners to

          appear on or before 15.05.2026 before the learned District Court

          or any date fixed by the learned Mediator, the interim protection
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                    granted to the petitioners shall automatically lose its force.

                                 17. In case, it is deliberate on the part of the informant

                    to reconcile, then in that case, the interim protection granted to

                    the petitioners shall continue and the trial shall proceed in

                    accordance with law.

                                 18. 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.

                                 19. If both the parties arrive at amicable settlement,

                    then they must withdraw the criminal cases, if any, which they

                    have lodged against each other.

                                 20.    With aforesaid direction and observation, the

                    present application stands disposed of.

                                 21. 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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