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Patna High Court

Sanjay KumarversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the bail application, directing the parties to attempt settlement through mediation and granting interim protection to the petitioner pending such effort.

Summary

The petitioner, Sanjay Kumar, applied for pre‑arrest bail in a complaint alleging offences under IPC Sections 420, 465, 467 and 471 relating to an alleged illegal grabbing of land belonging to his cousin. The petitioner contended that the matter is essentially a civil land dispute, already pending in a partition suit, and that the complainant lacks locus standi. The State argued that the case could be settled amicably but did not oppose the direction for mediation. Relying on the Supreme Court’s pronouncements in Paramjeet Batra v. State of Uttarakhand and S.N. Vijayalakshmi v. State of Karnataka, the High Court held that where a civil remedy is available, the criminal proceeding may be stayed and the parties directed to mediation. The court ordered the parties to appear before the District Court and the District Mediation Centre, granting interim protection to the petitioner until a settlement is attempted, and disposed of the bail application.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a complaint alleging IPC offences.
  • Whether the complaint discloses a criminal offence or merely a civil dispute that can be resolved through mediation.
  • Whether the High Court may invoke its power under Section 482 CrPC to stay or quash criminal proceedings when a civil remedy is available.

Legislation cited

Subjects

  • pre‑arrest bail
  • civil dispute
  • mediation
  • Section 482 CrPC
  • IPC offences
  • land dispute
  • quash criminal proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49895 of 2025
                     Arising Out of PS. Case No.-2990 Year-2019 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Sanjay Kumar S/o- Late Bhagwati Prasad @ Late Bhagwati Prasad Srivastava
                 Resident of Village- Goraul, P/S- Goraul, District- Vaishali, at present
                 Deepnaraya Singh Colony, Hathsarganj, P/S- Town, District- Vaishali

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    Vinod Kumar S/o- Late Ram Swaroop Rai Village- Goraul Bhagwanpur Ps-
                 Goraul Dist- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :     Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   17-01-2026                         Heard Mr. Alok Kumar Alok, learned counsel

                   appearing on behalf of the petitioner and Mr. Ram Naresh Ray,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with complaint Case No. C-1-2990/19 registered for the

                   offence(s) punishable under Section 420, 465, 467 and 471 of

                   the Indian Penal Code.

                                 3. As per the allegation made in the FIR, the

                   petitioner unlawfully grabbed the property of his cousin namely

                   Kiran Kumari, the sole heir of Late Umeshwar Prasad, after her

                   parents’ death and the complainant is the purchaser of the

                   aforesaid land from the said Kiran Kumari.
Patna High Court CR. MISC. No.49895 of 2025(5) dt.17-01-2026
                                            2/4




                        4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and he has falsely

          been implicated in the present case. A civil land dispute is

          already pending in Partition Suit No. 62/2022 between the

          parties, and that the complainant lacks locus standi, having filed

          the case only to challenge mutation, however, considering the

          fact that the matter is purely civil in nature, the petitioner, in

          order to buy peace of mind and to get rid of the criminal

          prosecution, is ready to settle the dispute amicably outside the

          Court.

                       5. Learned APP for the State submitted that the matter

          can be settled amicably outside the Court.

                       6. Heard the parties.

                       7. Considering the nature of allegation against the

          petitioner, I find that the matter can be resolved amicably

          outside the Court by way of mediation. Law also permits the

          settlement or to avail civil remedy. The Apex Court in the 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
Patna High Court CR. MISC. No.49895 of 2025(5) dt.17-01-2026
                                            3/4




                                  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."



                       8. The Apex Court has reiterated the aforesaid

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

          vrs. The State of Karnataka and Anr. reported in (2025) SCC

          Online SC 1575.

                       9. The petitioner and o.p. no.2 are directed to appear

          before the learned District Court on 17.02.2026 at 10.30am.

                       10. Learned District Court is directed to take

          necessary steps to issue notices 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.

                       11. Learned Mediator of the District Mediation Center

          concerned 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 six

          months. Till then, no coercive steps shall be taken against the

          petitioner in connection with the aforesaid case.
           Patna High Court CR. MISC. No.49895 of 2025(5) dt.17-01-2026
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                                  12. In case of failure on the part of the petitioner to

                     appear on 17.02.2026 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.

                                  13. In case, the parties fail to reconcile, then in that

                     case the parties may avail appropriate remedy.

                                  14 Accordingly, the present bail application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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