Jaisri Nandan PrasadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.14547 of 2026
                      Arising Out of PS. Case No.-487 Year-2025 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Jaisri Nandan Prasad Son of Late Sheo Shankar Lal Resident of Mohalla-
                 Dulhin Mandir, Lagan Takiya, P.S.- Sherghati, District- Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Thakur Ravindra Nath Verma son of Ram Bilas Singh Resident of village -
                 Taroba, P.S.- Gurua, Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s           :       Mr.Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s       :       Mr.Manoj Kumar, APP
                 For the informant              :       Md. Ejaz Akhter, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   13-05-2026                      Heard learned counsel appearing on behalf of the

                   petitioner; learned APP for the State and learned counsel for the

                   informant.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Sherghati P.S. Case No. 487 of 2025 registered for the

                   offence(s) punishable under Sections 420,467,468,471,506 and

                   34, of the Indian Penal Code.

                                3. The prosecution story in brief is that the land

                   appertaining to C.S. Khata No. 1172, C.S. Plot No. 3000

                   corresponding to New Plot No. 4361 and other allied lands were

                   originally settled in favour of late Gokhulanand Prasad by the

                   ex-landlord Babu Abul Khair Khan through registered Patta
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          Kabuliyat dated 16.06.1948, and after his death the property

          devolved upon his legal heirs, from whom the complainant

          purchased different portions of the land through registered sale

          deeds dated 19.12.2017, 01.05.2018 and 14.07.2018 and came

          in possession thereof with rent demand opened in his name. It is

          alleged that thereafter accused Jai Srinandan Prasad, in

          conspiracy with the other accused persons, started interfering

          with the complainant’s possession and fraudulently executed a

          forged sale deed bearing No. 2850 dated 27.06.2020 in favour of

          accused Surendra Kumar Suman @ Bhafat Yadav with respect

          to the same land despite having no right or title over it, wherein

          accused Bimala Devi, Sudama Singh and Pravin Kumar acted as

          witnesses and accused Ajay Kumar Singh, Addl. Registrar,

          Sherghati, allegedly facilitated the registration without proper

          verification. The complainant further alleged that upon protest

          he was threatened, abused and assaulted by the accused persons

          on 14.08.2020, and when the local police refused to lodge the

          case, the present complaint petition was filed alleging offences

          of forgery, cheating, criminal conspiracy, assault and criminal

          intimidation.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is          innocent and has
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          falsely been implicated in the present case.                However, on

          instruction, learned counsel submitted that the matter is purely

          civil in nature and to buy peace of mind, petitioner wants to

          settle the dispute amicably outside the Court.

                       5. Learned counsel appearing on behalf of the O.P.

          No.2/complainant and learned APP appearing on behalf of the

          State submitted that a chance be                 given to the parties for

          amicable settlement outside the court.

                       6. Counsels for the respective parties on instructions,

          submitted that the petitioner and O.P. No.2 have agreed to

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

          before 27.05.2026.

                       7. Heard the parties

                       8. Considering the nature of allegation made in the

          F.I.R. which has a civil flavour and the same prima facie don’t

          disclose an overwhelming element of criminality. In the absence

          of the element of criminality, if both civil and criminal cases are

          allowed to continue, it will definitely amount to abuse of the

          process of law.

                        9. In this regard, I find it apt to refer the observation

          made by the Apex Court in para-12 in case of Paramjeet Batra

          v. State of Uttarakhand, (2013) 11 SCC 673, which is
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          reproduced hereinafter::

                                              "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."


                       10. In case of Usha Chakraborty v. State of West

          Bengal, (2023) 15 SCC 135, while quashing the FIR therein and

          further proceedings based thereon, the Apex Court observed as

          under: -

                                 ‘...the factual position thus would reveal that the
                  genesis as also the purpose of criminal proceedings are nothing but
                  the aforesaid incident and further that the dispute involved is
                  essentially of civil nature.’


                       11. The Apex Court has reiterated the aforesaid

          preposition in its recent judgment of S.N. Vijayalakshmi &

          Ors. Vrs. The State of Karnataka and Anr. reported in (2025)

          SCC Online SC 1575.

                       12. Learned District Court is directed to refer the

          matter before the learned Mediator of the District Mediation
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          Center under the provision of Mediation Act, 2023 by fixing a

          date for their appearance to give effect to “Mediation for the

          Nation 2.0.”

                       13. Thereafter, learned Mediator of the District

          Mediation Center concerned shall make his/her best efforts to

          settle the dispute amicably and 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

          petitioner in connection with the aforesaid case.

                       14. 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 above, the petitioner is required to

          be released on pre-arrest bail on such terms and conditions as

          the learned District Court deems it fit and proper.

                       15. In case of failure on the part of the petitioner to

          appear on or before 27.05.2026 before the learned District Court

          or any date fixed by the learned Mediator, the interim protection

          granted to the petitioner shall automatically lose its force.

                       16.    In case, it is deliberate on the part of the

          complainant to reconcile, then in that case, the interim

          protection granted to the petitioner shall continue and the trial

          shall proceed in accordance with law.
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                                  17. In case, the parties fail to reconcile, then in that

                     case, parties may avail appropriate remedy. Then also, petitioner

                     is directed to be released on pre-arrest bail on such terms and

                     conditions as the learned District Court deems it fit and proper.

                                  18.    With aforesaid direction and observation, the

                     present application stands disposed of.

                                  19. 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)
Sanjay/-

U      T