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Patna High Court

Adesh Kumar @ Aadesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court ordered the petitioner’s release on pre‑arrest bail, conditioned on his appearance before the District Court and participation in mediation, and disposed the bail application.

Summary

The petitioner, Adesh Kumar, was charged under Sections 303(2) and 317(2) of the BNS for allegedly tampering with two weighbridges to steal scrap worth Rs. 6,00,000, causing loss to the Government. He applied for pre‑arrest bail, asserting that the dispute is essentially civil and seeking mediation with the corporate parties involved. The State opposed the bail but agreed to explore an amicable settlement. The High Court, relying on the Supreme Court’s observations in Paramjeet Batra v. State of Uttarakhand and S.N. Vijayalakshmi v. State of Karnataka, directed that the petitioner be released on pre‑arrest bail subject to appearing before the District Court and participating in mediation. The District Court and its Mediator were instructed to facilitate settlement, after which the bail conditions would be finalized. The application for bail was consequently disposed with these directions.

Issues considered

  • Whether the alleged offences under Sections 303(2) and 317(2) of the BNS are of a civil nature warranting mediation instead of criminal prosecution.
  • Whether pre‑arrest bail should be granted pending mediation and settlement.
  • Whether the High Court can invoke its powers under Section 482 CrPC to prevent abuse of process by directing mediation.

Legislation cited

Subjects

  • pre‑arrest bail
  • mediation
  • civil dispute
  • criminal procedure
  • Section 482 CrPC
  • abuse of process
  • weighbridge sabotage
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43739 of 2026
                    Arising Out of PS. Case No.-90 Year-2025 Thana- NARALI KALA KHURD District-
                                                       Aurangabad
                 ======================================================
                 Adesh Kumar @ Aadesh Kumar S/o Shree Vijaypal Singh @ vijay Pal
                 Resident of Mohalla - A-3/15, Gali No.-3, Saboli Extension, P.S.- Harsh
                 Vihar, District- Northeast (Dehli).

                                                                                ... ... Petitioner/s
                                                      Versus
                 1. The State of Bihar
                 2. The competent authority, NPGCL, Navinagar Plant, Aurangabad
                 3. The competent authority, Tata Motors, 3rd Floor, Failted Complex, Bistupur,
                 Jamshedpur


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjan Kr. Srivastava, Advocate \
                                                 Mr. Shashwat Srivastava, Advocate
                 For the Opposite Party/s :      Mr.Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-07-2026                   Learned counsel appearing on behalf of the petitioner

                   seeks to implead the competent authority of NPGCL, Navinagar

                   and Tata Motors as opposite party nos.2 and 3 in course of the

                   day.

                                 2. Permission is accorded.

                                 3. Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                 4. The petitioner seeks pre-arrest bail in connection

                   with Narari Kala Khurd P.S. Case No. 90/2025 registered for the

                   offence(s) punishable under Sections 303(2),317(2) of the BNS

                                 5. As per the allegations made in the FIR, the
Patna High Court CR. MISC. No.43739 of 2026(2) dt.08-07-2026
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          petitioner, along with the other co-accused, allegedly tampered

          with and sabotaged the two weighbridges of the company in an

          attempt to steal scrap valued at approximately Rs. 6,00,000/-,

          thereby causing substantial financial loss to the Government.

                          6. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent, however,

          considering the nature of allegation being purely civil in nature,

          petitioner wants to settle the dispute along with the company

          and other interest parties outside the Court and, as such, the

          matter be referred for mediation.

                       7. Learned APP appearing on behalf of the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       8. Learned counsel appearing on behalf of the

          petitioner, on instructions, submitted that the petitioner has

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

          on or before 15.07.2026.

                       9. Heard the parties

                       10. 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
Patna High Court CR. MISC. No.43739 of 2026(2) dt.08-07-2026
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          outside the Court.

                       11. 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)

                        12. 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.

                       13. The petitioner has willingly desired to appear

          before the learned District Court on or before 15.07.2026, so

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

                       14. Learned District Court is directed to take
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          necessary steps to issue notice to the respective parties and 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”.

                       15. 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.

                       16. 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 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.

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

          appear on or before 15.07.2026 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.

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

          to reconcile, then in that case, the interim protection granted to
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                     the petitioner shall continue and the trial shall proceed in

                     accordance with law.

                                  19. 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.

                                  20. If both the parties arrive at amicable settlement,

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

                     have lodged against each other.

                                  21.    With aforesaid direction and observation, the

                     present application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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