Patna High Court
Gulzar HussainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court ordered that the petitioners be released on pre‑arrest bail subject to mediation and directed the District Court to refer the matter to the District Mediation Centre.
Summary
The petitioners, four individuals, were charged in a complaint case alleging offences under several IPC sections for allegedly forging sale deeds, extorting money and assaulting a complainant in a land dispute. They contended that the matter was essentially a civil dispute and sought pre‑arrest bail, proposing mediation to settle the issue. The State and the second opposite party also agreed to mediation. The High Court, relying on the Supreme Court’s observations in Paramjeet Batra and S.N. Vijayalakshmi, held that where a civil remedy is available and parties are willing to reconcile, the court should facilitate mediation and grant interim bail. Accordingly, the court directed the District Court to refer the matter to the District Mediation Centre, granted conditional pre‑arrest bail, and disposed of the application.
Issues considered
- Whether the criminal complaint, which appears to stem from a civil land dispute, warrants pre‑arrest bail pending mediation.
- Whether the High Court can exercise its inherent powers under Section 482 CrPC to stay or quash proceedings to prevent abuse of process.
- Whether mediation is an appropriate mechanism to resolve the dispute and condition bail on its outcome.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 384, 406, 420, 467, 468, 504, 506
Subjects
- pre‑arrest bail
- mediation
- civil dispute
- criminal complaint
- Section 482 CrPC
- abuse of process
- land dispute
- extortion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5277 of 2026
Arising Out of PS. Case No.-855 Year-2023 Thana- COMPLAINT CASE District-
Kishanganj
======================================================
1. Gulzar Hussain S/o- Akbar Ali Resident of village- Chhagalkati PS-
Karandighi Dist- Uttar Dinajpur, W.B
2. Md. Azimuddin S/o- Md. Aisuddin Resident of village- Rasakhoa
Khantmilik PS- Karandighi Dist- Uttar Dinajpur, W.B
3. Rahim Sekh S/o- Rafikul Islam Resident of village- Bhawanipur PS-
Karandighi Dist- Uttar Dinajpur, W.B
4. Wasiul Haque @ Oliul Haque S/o- Tapesar Ali Resident of village-
Bhawanipur PS- Karandighi Dist- Uttar Dinajpur, W.B
... ... Petitioner/s
Versus
1. The State of Bihar
2. Zafarul Kamar S/o- Late Md. Usman R/v- Purana Khagra Dehri W.No-20,
Ps- Kishanganj Dist- Kishanganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the O.P. No. 2 : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 06-04-2026 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 Complaint Case No. C 855 of 2023, C.I.S. No. 858 of 2023
registered for the offence punishable under Sections 420, 406,
323, 384, 467, 468, 504 and 506/34 of the Indian Penal Code
and the learned District Court has taken cognizance under
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Sections 323, 341, 420, 504 and 506/34 of the Indian Penal
Code.
3. The prosecution case, in brief, is that the
complainant filed a complaint case before the learned Chief
Judicial Magistrate, Kishanganj, alleging that the land in
question stood recorded in the name of Makbulan Nisha and,
after her death, devolved upon her legal heirs. It is alleged that
on 23.09.2023, the accused persons attempted to raise
construction over the said land and, upon protest by the
complainant on 24.09.2023, they assaulted and abused him. The
accused persons, through an intermediary, produced certain sale
deeds, and the complainant came to know that accused Md.
Firoz, in conspiracy with others, falsely represented himself as
the grandson of Makbulan Nisha and executed sale deeds
without having any right or title over the land. It is further
alleged that the accused persons threatened the complainant and
demanded ₹2,50,000/- as extortion. Despite filing a complaint
before the police authorities on 10.11.2023, no action was taken,
leading to the institution of the present complaint case.
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and they
have falsely been implicated in the case. He further submits that
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the matter primarily relates to civil dispute between the parties
and for amicable settlement of dispute between the parties
outside the Court, the matter be referred for mediation.
5. Learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the O.P. No.2 jointly
submitted that a chance be given to the parties for amicable
settlement outside the court.
6. The petitioners’ counsel informs that he has
received instruction that the petitioners also want to reconcile
the dispute by way of mediation.
7. Both the parties have agreed to appear before the
learned District Court at 10:30 A.M. on 15.04.2026 for
resolving the dispute by way of mediation.
8. Heard the parties
9. 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.
10. 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,
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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)
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 15.04.2026, 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
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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
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 15.04.2026 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
complainant 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
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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.
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/-
U T
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