Patna High Court
Adesh Kumar @ Aadesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Instruments Act (BNS) — s. 303(2), 317(2)
- Code of Criminal Procedure (CrPC) — s. 482
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
2/5
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
3/5
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
Patna High Court CR. MISC. No.43739 of 2026(2) dt.08-07-2026
4/5
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
Patna High Court CR. MISC. No.43739 of 2026(2) dt.08-07-2026
5/5
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.