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Patna High Court

Md. Shahid AkhtarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court ordered the petitioner’s release on pre‑arrest bail, subject to mediation, and directed the district court to refer the dispute to the District Mediation Centre.

Summary

The petitioner, Md Shahid Akhtar, was implicated in a criminal complaint (CA No.463 of 2022) alleging cheating of Rs 30.11 lakh and alleged violations of Sections 120B, 420 and 468 of the IPC. He applied for pre‑arrest bail, claiming innocence and seeking an amicable settlement through mediation. The State and the informant’s counsel also expressed willingness to explore mediation. The High Court, relying on the Supreme Court’s observations in Paramjeet Batra v. State of Uttarakhand and S.N. Vijayalakshmi v. State of Karnataka, directed that the matter be referred to the District Mediation Centre and that the petitioner be released on pre‑arrest bail subject to the mediator’s efforts and the district court’s conditions. The Court stipulated that the bail protection would lapse if the petitioner failed to appear for mediation, and that a mutual settlement would require withdrawal of the criminal case. The application for bail was therefore disposed with these directions.

Issues considered

  • Whether pre‑arrest bail can be granted in a criminal case involving alleged cheating pending mediation.
  • Whether the High Court may direct referral to a mediation centre under its inherent powers and Section 482 of the CrPC.

Legislation cited

Subjects

  • pre‑arrest bail
  • mediation
  • criminal procedure
  • cheating
  • Section 482 CrPC
  • civil dispute settlement
  • IPC 120B
  • IPC 420
  • IPC 468

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69047 of 2025
                     Arising Out of PS. Case No.-463 Year-2022 Thana- KATIHAR COMPLAINT CASE
                                                      District- Katihar
                 ======================================================
                 Md. Shahid Akhtar S/O Late Amantullah R/O - Hasanganj, P.S.- Hasanganj,
                 Distt.- Katihar

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Ram Vilas Vishwakarma S/O Late Harivansh Vishwakarma R/O Durgapur
                 (Binodpur),P.S.- Nagar, Dist.- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Sanjeev Kumar Singh, Advocate
                 For the complainant      :     Ms.Durga Kumari, Advocate
                 For the Opposite Party/s :     Mr.Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
5   20-02-2026                      Heard Mr.Sanjeev Kumar Singh, learned counsel

                   appearing on behalf of the petitioner; Ms.Durga Kumari, learned

                   counsel for the complainant and Mr. Kumar Veerendra Narayan,

                   learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with CA Case No.463 of 2022, registered under Sections 120B,

                   420 and 468 of IPC.

                                3. As per the allegations made in the complaint

                   petition, the petitioner cheated a total sum of Rs.30,11,000/-

                   from the complainant and failed to execute the sale deed in

                   favour of the complainant
Patna High Court CR. MISC. No.69047 of 2025(5) dt.20-02-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and he has

          falsely been implicated in the present case. 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 can be referred for

          mediation.

                       5. 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.

                       6. 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.

                       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
Patna High Court CR. MISC. No.69047 of 2025(5) dt.20-02-2026
                                            3/5




          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)

                        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 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.

                       12. 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”.
Patna High Court CR. MISC. No.69047 of 2025(5) dt.20-02-2026
                                            4/5




                       13. 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.

                       14. 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.

                       15. 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.

                       16.    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.

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

          case, parties may avail appropriate remedy. Then also, petitioner
            Patna High Court CR. MISC. No.69047 of 2025(5) dt.20-02-2026
                                                        5/5




                      is directed to be released on pre-arrest bail on such terms and

                      conditions as the learned District Court deems it fit and proper.

                                   18. If both the parties arrive at amicable settlement,

                      then they must withdraw the criminal cases, if any, which they

                      have lodged against each other.

                                   19.    With aforesaid direction and observation, the

                      present application stands disposed of.


                                                (Purnendu Singh, J)
chn/-
U       T


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