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Patna High Court

Md. AmruddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court ordered conditional pre‑arrest bail, directing the parties to undergo mediation before the District Court, with bail to be confirmed if settlement is reached.

Summary

The petitioners, accused of offences under Sections 420, 467, 468, 471 and 120(B) of the IPC for an alleged fraudulent land transaction, applied for pre‑arrest bail, claiming the matter is a civil dispute and that the sale deed was executed voluntarily. The State also expressed willingness for an amicable settlement. The High Court, referring to Supreme Court pronouncements that civil disputes should not be cloaked as criminal offences, ordered the parties to appear before the District Court for mediation and directed that no coercive action be taken against the petitioners pending that process. The Court granted interim protection in the form of conditional pre‑arrest bail, subject to appearance before the District Court on 26‑02‑2026 and compliance with mediation outcomes. If the petitioners fail to appear, the interim protection will lapse; otherwise, bail may be confirmed by the District Court.

Issues considered

  • Whether the alleged land transaction constitutes a criminal offence warranting pre‑arrest detention or is essentially a civil dispute amenable to mediation.
  • Whether the High Court can grant pre‑arrest bail and stay coercive action under Section 482 of the CrPC in such circumstances.

Legislation cited

Subjects

  • pre‑arrest bail
  • civil dispute
  • mediation
  • criminal breach of trust
  • cheating
  • Section 420 IPC
  • Section 482 CrPC
  • settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2458 of 2026
                   Arising Out of PS. Case No.-240 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
           1.     Md. Amruddin S/O Late Md. Mahmood Miya @ Mohammad Mahmood
                  Meya Resident of Village- Fulwariya, P.S.- Rajepur (Sahebganj), District-
                  Muzaffarpur.
           2.    Parmeshwar Kumar S/O Indradev Sah Resident of Village- Jamuya, P.S-
                 Jamuya, Distt.- Sitamarhi, A/P R/O Village- Fulwariya, P.S.- Rajepur
                 (Sahebganj), District- Muzaffarpur.
           3.    Md. Jafir @ Md Zafir S/O Late Md. Hadish @ Mottadish R/O Village-
                 Rampurwa, P.S- Baruraj, Dist.- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Gauri Shankar Choudhari S/O Late Ram Lakhu Sah R/O Village and Post-
                 Parsauni, P.S- Reajepur (Sahebganj), Distt.- Muzaffarpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jai Prakash Verma, Advocate
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-02-2026                      Heard Mr. Jai Prakash Verma, learned counsel

                   appearing on behalf of the petitioners and Mr. Mithlesh Kumar

                   Khare, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Sahebganj P.S. Case No. 240 of 2024 registered for the

                   offence(s) punishable under Sections 420,467,468,471,120(B)

                   of the Indian Penal Code.

                                3. Allegation is that taking advantage of the unsound

                   health of the brother of the informant, the accused persons in an
Patna High Court CR. MISC. No.2458 of 2026(2) dt.06-02-2026
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          organized manner got a piece of land appertaining to khata

          No.92, Khesra No.1335 executed in their name for a total

          consideration amount of Rs.6 lacs and subsequent to that on the

          pretext of necessary correction in the sale deed, another sale

          deed was executed by the petitioners.

                        4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. He further submitted

          that no fraud has been committed in view of the fact that

          informant and his brother had voluntarily accepted the

          consideration amount and had executed the sale deed. However,

          on instruction, learned counsel submitted that to buy peace of

          mind, petitioners again want to settle the dispute amicably

          outside the Court.

                       5. Learned APP appearing on behalf of the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       6. Learned counsel appearing on behalf of the

          petitioners, on instructions, submitted that the petitioners have

          agreed to appear before the learned District Court at 10:30 A.M.

          on 26.02.2026.

                       7. Heard the parties
Patna High Court CR. MISC. No.2458 of 2026(2) dt.06-02-2026
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                          8. Having heard the rival submissions made on

          behalf of the parties, as well as, I have also perused the

          allegation made in the FIR from which, it appears that there is a

          dispute between the parties and in such circumstances, 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. 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
Patna High Court CR. MISC. No.2458 of 2026(2) dt.06-02-2026
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          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
                          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
Patna High Court CR. MISC. No.2458 of 2026(2) dt.06-02-2026
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                          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."



                       12. The petitioners are directed to appear before the

          learned District Court on 26.02.2026, so that the matter can be

          referred to the District Mediation Centre.

                       13. Learned District Court is directed to take

          necessary steps to issue notices to the respective parties and
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          upon their appearance, 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 petitioner 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, 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 26.02.2026 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

          informant       to reconcile, then in that case,       the   interim
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                     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.     With aforesaid direction and observation, the

                     present application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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