Created by Fuzzy Cloud

Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court ordered referral to mediation and conditional pre‑arrest bail, disposing of the application.

Summary

Santosh Kumar and Nutan Kumari applied for pre‑arrest bail in a case alleging they fraudulently sold mortgaged land, violating Sections 318(2) and 316(2) of the BNS. The court observed that the dispute is essentially civil, involving a monetary transaction, and cited Supreme Court precedents cautioning against using criminal proceedings to resolve civil matters. Relying on the Apex Court’s observations in Paramjeet Batra and later cases, the High Court directed that the parties be referred to the District Mediation Centre and that interim protection be granted pending mediation. The court conditioned the bail on the parties appearing before the district court by 17‑07‑2026 and on any settlement that may arise. The application was disposed, with the court ordering the release of the petitioners on pre‑arrest bail subject to the district court’s terms.

Issues considered

  • Whether the criminal proceedings under Sections 318(2) and 316(2) of the BNS constitute an abuse of process when the dispute is essentially civil.
  • Whether pre‑arrest bail should be granted pending mediation of the civil aspects of the dispute.
  • Whether the High Court can refer the matter to mediation under its powers under Section 482 of the CrPC.

Legislation cited

Subjects

  • pre‑arrest bail
  • mediation
  • civil dispute
  • abuse of process
  • Section 482 CrPC
  • cheating
  • criminal breach of trust

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5319 of 2026
                        Arising Out of PS. Case No.-508 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
           1.     Santosh Kumar S/O Chandeshwari Prasad Yadav @ Chandeshwar Prasad
                  Yadav Resident of Village- Supaul Nagar Parishad, Ward No. 4, P.S- Supual,
                  Distt.- Supaul.
           2.    Nutan Kumari W/O Santosh Kumar Resident of Village- Supaul Nagar
                 Parishad, Ward No. 4, P.S- Supual, Distt.- Supaul.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Balram Kumar S/O Late Thakko Prasad R/O Village- Kharail Punrwas Ward
                 No. 16, Nagar Parishad, P.S- Supaul, Dist.- Supaul.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Mohit Shriwastava, Advocate
                 For the O.P. No. 2        :       Mr. Arun, Advocate
                 For the State             :       Mr. Amitesh Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   01-07-2026                          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 Supaul P.S. Case No. 508 of 2025/G.R. No. 2423/25

                   registered for the offence punishable under Sections 318(2) and

                   316(2) of the BNS.

                                 3. The prosecution case, in brief, is that the accused

                   had mortgaged the land in question with Seb Finance Services

                   Private Limited in 2018 for securing a loan of ₹20,00,000/-.
Patna High Court CR. MISC. No.5319 of 2026(4) dt.01-07-2026
                                            2/7




          Despite the subsisting mortgage, the accused allegedly sold the

          same property to the informant through a registered sale deed

          dated 03.11.2021 for a consideration of ₹15,00,000/-, falsely

          representing that the land was free from all encumbrances. The

          informant came to know in August 2025, through a newspaper

          publication, that the financial institution had taken possession of

          the land with the assistance of the district administration on

          account of the outstanding mortgage. It is further alleged that

          the accused had dishonestly cheated the informant by

          suppressing the material fact of the mortgage and executing a

          false sale deed, causing wrongful loss to the informant.

                       4. Mediation has failed, however, learned counsel

          appearing on behalf of the petitioners submitted that a chance be

          given to the parties. He further submitted that the matter

          primarily relates to monetary transaction between the parties

          and for amicable settlement of dispute between the parties

          outside the Court, the matter be referred for mediation.

                       5. Learned counsel appearing on behalf of O.P. No. 2

          and learned APP appearing on behalf of the State jointly

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       6. Learned counsel appearing on behalf of the parties,
Patna High Court CR. MISC. No.5319 of 2026(4) dt.01-07-2026
                                            3/7




          on instructions, submitted that the parties have agreed to appear

          before the learned District Court at 10:30 A.M. on or before

          17.07.2026.

                       7. Heard the parties

                       8. 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.

                       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)
Patna High Court CR. MISC. No.5319 of 2026(4) dt.01-07-2026
                                            4/7




                         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

          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
Patna High Court CR. MISC. No.5319 of 2026(4) dt.01-07-2026
                                            5/7




                          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
                          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. Both the parties have willingly desired to appear

          before the learned District Court on or before 17.07.2026, so
Patna High Court CR. MISC. No.5319 of 2026(4) dt.01-07-2026
                                            6/7




          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

          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 or before 17.07.2026 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 O.P. No.2
              Patna High Court CR. MISC. No.5319 of 2026(4) dt.01-07-2026
                                                          7/7




                        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

                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.