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Patna High Court

Sandeep AnandversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the matter is essentially a civil dispute and directed mediation, granting conditional pre‑arrest bail to the petitioner.

Summary

The petitioner, Sandeep Anand, was implicated in a complaint under Section 420 IPC alleging cheating in a land sale where the buyer paid Rs.61,51,000 but the sale deed was not executed and a pending title suit was undisclosed. The petitioner argued that the dispute is essentially civil and sought pre‑arrest bail, proposing mediation. The complainant contended that the elements of cheating were established and opposed bail. The High Court, relying on Supreme Court precedents, held that where a civil remedy is available and parties are willing to settle, the criminal proceeding should not be used to abuse process. Accordingly, the Court directed the parties to appear before the District Court for mediation, granted interim pre‑arrest bail subject to conditions, and disposed of the bail application.

Issues considered

  • Whether the complaint under Section 420 IPC discloses a criminal offence or merely a civil dispute.
  • Whether pre‑arrest bail should be granted in a case alleged to involve cheating.
  • Whether the High Court can direct mediation and stay coercive action pending settlement.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 420 IPC
  • civil dispute
  • mediation
  • abuse of process
  • Criminal Procedure Code
  • settlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.68939 of 2025
                  Arising Out of PS. Case No.-515 Year-2024 Thana- KATIHAR COMPLAINT CASE Dis-
                                                       trict- Katihar
                 ======================================================
                 Sandeep Anand Son of Late Suchindranath Sah @ Suchindra Nath Saha R/o
                 Naya Tola, Mirchaibari Near Satsang Mandir, P.S. - Sahayak District - Kati-
                 har.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Zainul Abdin Son of Late Md. Ekramul Haque R/o Village - Hajipur, P.S. -
                 Muffasil, Dist. - Katihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :       Mr.Vinay Ranjan, Advocate
                 For the Comp.                :       Mr.Satish Chandra Mishra, Advocate
                 For the Opposite Party/s     :       Mr.Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   20-02-2026                    Heard Mr. Vinay Ranjan, learned counsel appearing

                   on behalf of the petitioner; Mr. Satish Chandra Mishra, learned

                   counsel for the complainant and Mr. Raj Kishor Singh, learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No.515 of 2024, registered under Section

                   420 of IPC.

                                3. As per the allegation made in the complaint

                   petition, the petitioner approached the complainant to sale a

                   piece of land and the complainant paid Rs.61,51,000/- to the

                   petitioner as the consideration amount, in the meantime, the
Patna High Court CR. MISC. No.68939 of 2025(4) dt.20-02-2026
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          petitioner came to know that a Title Suit No.1 of 2023 is

          pending in the court of the learned Sub Judge I, Katihar, which

          has not been disclosed in the sale-deed.

                       4. Mr. Vijay Ranjan, learned counsel appearing on

          behalf of the petitioner submitted that from the very nature of

          the allegation, which has been alleged against the petitioner, it

          appears that the same is of civil dispute and the petitioner is

          ready to negotiate with the complainant, as the complainant is

          aggrieved by the transaction, which took place between the

          parties.

                       5. Mr. Satish Chandra Mishra, learned counsel, who

          has tendered his appearance on behalf of the complainant and

          he has submitted that it is admitted fact that after receiving the

          consideration amount, the petitioner has not executed the sale

          deed in favour of the petitioner. Learned counsel further

          submitted that the petitioner knowingly has deceived the

          complainant and the element of Section 420 IPC is made out

          against the petitioner. As such, the petitioner does not deserve to

          be released on pre-arrest bail.

                       6. Learned counsel appearing on behalf of the

          petitioner submitted that the matter primarily relates to

          monetary transaction between the parties and for amicable
Patna High Court CR. MISC. No.68939 of 2025(4) dt.20-02-2026
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          settlement of dispute between the parties outside the Court, the

          matter can be referred for mediation.

                       7. Learned APP appearing on behalf of the State and

          learned counsel for the informant submitted that a chance may

          be given for amicable settlement of the dispute outside the

          court.

                       8. Learned counsel appearing on behalf of the parties,

          on instructions, submitted that the parties have agreed to appear

          before the learned District Court at 10:30 A.M. on 17.03.2026.

                       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 complaint petition, I am of the opinion that an op-

          portunity is required to be given to the parties to settle their

          score amicably 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
Patna High Court CR. MISC. No.68939 of 2025(4) dt.20-02-2026
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                                  justice. Whether a complaint discloses a criminal
                                  offence or not depends upon the nature of facts al-
                                  leged 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 parties have willingly desired to appear

          before the learned District Court on 17.03.2026, so that the

          matter can be referred to the District Mediation Centre.

                       14. Learned District Court is directed to take neces-

          sary 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”.

                       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
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          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 17.03.2026 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 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.
            Patna High Court CR. MISC. No.68939 of 2025(4) dt.20-02-2026
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                                   21.    With aforesaid direction and observation, the

                      present application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T


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