Patna High Court
Md. Amem AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court granted conditional pre‑arrest bail, directing the parties to mediate before the District Court and stay any coercive action pending settlement.
Summary
The petitioner, Md Amem Alam, was charged under Sections 316(2) and 318(4) of the Bihar Negotiable Instruments Act for allegedly receiving Rs.25 lakh from the informant for a flat registration that never occurred. He claimed innocence and sought pre‑arrest bail, arguing that the dispute was essentially civil and should be resolved through mediation. The State and the informant agreed to an amicable settlement and consented to the petitioner appearing before the District Court for mediation. Relying on Supreme Court precedents emphasizing the cautious use of Section 482 CrPC and the need to prevent abuse of process in civil‑nature disputes, the High Court directed that the petitioner be released on pre‑arrest bail subject to mediation and appearance before the District Court. The court ordered the District Court to refer the matter to the Mediation Centre and stipulated that the bail protection would lapse if the petitioner failed to appear, while also directing withdrawal of criminal cases if settlement is reached.
Issues considered
- Whether the offence alleged under Sections 316(2) and 318(4) of the BNS is a genuine criminal matter or a civil dispute disguised as a criminal case.
- Whether pre‑arrest bail should be granted pending mediation and settlement of the dispute.
- Whether the High Court may exercise its inherent powers under Section 482 CrPC to direct mediation and stay coercive action.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4)
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 406, 420
Subjects
- pre‑arrest bail
- mediation
- civil dispute
- criminal breach of trust
- cheating
- Section 482 CrPC
- Section 316 BNS
- Section 318 BNS
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63926 of 2025
Arising Out of PS. Case No.-1520 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Amem Alam S/o Javed Alam R/o Mohalla- House No. A/55, First Floor,
Road No.- B6, Alinagar Colony, Gardanibag, PS- Gardanibag, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Harun Rashid S/o Md. Fahim R/o Gewal Bigha, Near Munni Masjid, P.S.-
Civil Line, Distt.- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramji Kumar, Advocate.
For the State : Mr.Pramod Kumar Pandey, APP.
For the Informant : Mr. Vikram Jha, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP for the State and learned counsel for the
informant.
2. The petitioner seeks pre-arrest bail in connection
with Patna Phulwarisharif P.S. Case No. 1520 of 2024 registered
for the offence punishable under Sections 316(2) and 318(4) of
the BNS.
3. As per the allegation made in the F.I.R., informant
is said to have paid Rs.25,00,000/- to the petitioner for
registration of a flat, but neither the flat was registered nor the
amount was returned to the informant.
4. Learned counsel appearing on behalf of the
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petitioner submits that the petitioner is innocent and he has
falsely been implicated in the case. He further submits 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 APP appearing on behalf of the State and
learned counsel for the informant submitted that a chance be
given to the parties for amicable settlement outside the court.
6. Learned counsel appearing on behalf of the parties,
on instructions, submitted that the petitioner and the informant
have agreed to appear before the learned District Court at 10:30
A.M. on 13.02.2026.
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 FIR, 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:
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"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)
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 :
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“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
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
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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. The petitioner and the informant have willingly
desired to appear before the learned District Court on or before
13.02.2026, 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
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.
15. In case, the parties resolve their dispute amicably
or arrive at a mutual settlement, in light of the law laid down by
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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.
16. In case of failure on the part of the petitioner to
appear on 13.02.2026 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.
17. In case, it is deliberate on the part of the
informant to reconcile, then in that case, the interim protection
granted to the petitioner 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, 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.
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.
(Purnendu Singh, J)
mantreshwar/-
U T
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