Patna High Court
Akhtar HussainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court held that the dispute is essentially civil, and therefore pre‑arrest bail should be granted conditionally while the parties attempt mediation.
Summary
The petitioners, Akhtar Hussain and Kaishar Hussain, applied for pre‑arrest bail in a case registered under several sections of the Bihar Negotiable Instruments Act relating to an alleged land‑sale dispute and assault. The prosecution alleged that the informant paid Rs 2,00,000 for land, the accused failed to execute the sale deed, and later assaulted the informant and took Rs 5,000. The petitioners contended that the matter is purely civil and they seek an amicable settlement. The High Court, relying on Supreme Court precedents, held that the dispute is essentially civil and directed the parties to appear before the District Court for mediation, granting interim pre‑arrest bail conditioned on compliance. The Court ordered the District Court to refer the matter to the Mediation Centre and stipulated that bail will continue if mediation succeeds, otherwise the case will proceed.
Issues considered
- Whether the FIR discloses a criminal offence or merely a civil dispute
- Whether the High Court may grant pre‑arrest bail pending mediation under its inherent powers
- Whether the parties should be directed to settle the matter through mediation
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 126(2), 303(2), 316(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 482
Subjects
- pre‑arrest bail
- civil dispute
- mediation
- Section 482 CrPC
- land sale dispute
- abuse of process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14768 of 2026
Arising Out of PS. Case No.-91 Year-2025 Thana- LAUKAHI District- Madhubani
======================================================
1. Akhtar Hussain S/o Md. Yushuf Marhoom
2. Kaishar Hussain @ Kesar Hussain, S/o Md. Akhtar Hussain
Both are Resident of village - Laukahi, P.s- Laukahi, District - Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ashok Kumar Gupta S/o Late Dawarka Prasad R/o village - Laukahi, P.s-
Laukahi, District - Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Informant : Mr. Arvind Kumar, Advocate
For the State : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 08-07-2026 Heard learned counsel appearing on behalf of the
petitioners; learned APP for the State and learned counsel for the
O.P. No.2.
2. The petitioners seek pre-arrest bail in connection
with Laukahi P.S. Case No. 91 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 303(2), 316(2), 352,
351(2) and 3(5) of the BNS.
3. The prosecution case, in brief, is that the informant
alleged having paid ₹2,00,000/- to accused Kesar Hussain on
15.03.2021 pursuant to an agreement for the sale of 10 dhurs of
land for a total consideration of ₹2,50,000/-, with the assurance
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that the sale deed would be executed within five to six months.
It is alleged that despite the lapse of the stipulated period, the
accused failed to execute the sale deed and continued to
postpone the matter. Subsequently, on 26.03.2025, when the
informant visited the accused's house and demanded execution
of the sale deed, the accused persons allegedly abused and
assaulted him. It is further alleged that during the occurrence,
the accused persons forcibly took away ₹5,000/- in cash from
the informant's pocket.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has
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 O.P. No. 2
and learned APP appearing on behalf of the State jointly
submitted that a chance be given to 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
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17.07.2026.
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
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. In case of Usha Chakraborty v. State of West
Bengal, reported in (2023) 15 SCC 135, while quashing the FIR
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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
proposition in recent judgment of S. N. Vijayalakshmi & Ors.
vrs. The State of Karnataka and Anr. reported in (2025) SCC
Online SC 1575.
12. Both the parties have willingly desired to appear
before the learned District Court on or before 17.07.2026, 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
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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 17.07.2026 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.
17. In case, it is deliberate on the part of the O.P. No.2
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.
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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)
Niraj/-
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