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Patna High Court

Kundan Kumar BhartiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the FIR is essentially civil, warranting pre‑arrest bail and referral to mediation to avoid abuse of process.

Summary

The petitioners were accused of forging sale deeds and illegally mutating land records, leading to an FIR under several sections of the Bihar Negotiable Sale Act. The petitioner sought pre‑arrest bail, arguing that the dispute was civil in nature and that the co‑accused, not he, executed the forged documents. The Court examined whether the FIR disclosed a criminal offence or merely a civil dispute and, relying on Supreme Court precedents, concluded that the allegations lacked a substantial criminal element. Consequently, the Court directed that the matter be referred to mediation under the Mediation Act, 2023 and ordered the petitioner’s release on pre‑arrest bail, subject to conditions. The Court also noted that no order could be passed regarding petitioner‑2 without further verification. The application was therefore disposed of.

Issues considered

  • Does the FIR disclose a criminal offence or is it essentially a civil dispute?
  • Should pre‑arrest bail be granted when the underlying matter is civil in nature?
  • Is referral to mediation under the Mediation Act, 2023 appropriate to prevent abuse of process?

Legislation cited

Subjects

  • pre‑arrest bail
  • civil dispute
  • abuse of process
  • mediation
  • Section 482 CrPC
  • land sale fraud
  • title suit
  • criminal proceeding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80579 of 2025
                       Arising Out of PS. Case No.-192 Year-2025 Thana- CIVIL LINE District- Gaya
                 ======================================================
           1.     Kundan Kumar Bharti, Male, aged about 30 years, S/O Ashok Paswan R/O
                  Village- Katari Hill, P.S.- Chandauti, District- Gaya
           2.    Sanjay Yadav, aged about 46 years, S/O Late Lalu Yadav @ Lalu Singh R/O
                 Village- Katari Hill, Baljori Bigha, P.S.- Chandauti, District- Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhirendra Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   18-04-2026                   At the outset, learned counsel appearing on behalf of

                   the petitioners submits that during the pendency of the present

                   bail application, petitioner no. 2 was arrested and was

                   subsequently granted bail by the learned District Court.

                                  2. Heard Mr. Dhirendra Kumar Sinha, learned

                   counsel appearing on behalf of the petitioner and Mr.

                   Parmanand Kumar, learned APP for the State.

                                3. The petitioner no.1 seeks pre-arrest bail in

                   connection with Civil Lines P.S. Case No. 192 of 2025

                   registered for the offence(s) punishable under Sections 319(2),

                   318(4), 338, 336(3), 340(2), 61(2), 3(5), of the BNS.

                                4. As per the allegation made in the FIR, the
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          petitioners along with other co-accused persons had sold a piece

          of land bearing Khata No.186, Plots No.633, 627, 631, 505, 517,

          520 and 519 on the basis of forged sale deed and power of

          attorney and had got the aforesaid land mutated in their name

          and forcibly removed the informant from the possession of the

          aforesaid land.

                       5. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner has not committed any

          forgery rather the co-accused Anil Sharma, who has been given

          power of attorney by the informant, has executed the sale deed

          in favour of the accused persons. Petitioner was also the witness

          of the said power of attorney and legality of said power of

          attorney and for cancellation of such sale deeds is subject matter

          of Title Suit No.337 of 2025. The allegation itself is devoid of

          any element of criminality. However, on instruction, learned

          counsel submitted that the matter is purely civil in nature and

          to buy peace of mind, petitioner wants to settle the dispute

          amicably outside the Court.

                       6. Learned APP appearing on behalf of the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       7. Counsel for the petitioner on instruction, submitted
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          that the petitioner no.1 has agreed to appear before the learned

          District Court at 10:30 A.M. on or before 04.05.2026.

                       8. Heard the parties

                       9. Considering the nature of allegation made in the

          F.I.R. which has a civil flavour and the same prima facie don’t

          disclose an overwhelming element of criminality. In the absence

          of the element of criminality, if both civil and criminal cases are

          allowed to continue, it will definitely amount to abuse of the

          process of law, as the title suit no.337/2025 is still pending and

          petitioner wants to settle the dispute outside the court.

                        10.      In this regard, I find it apt to refer the

          observation made by the Apex Court in para-12 in case of

          Paramjeet Batra v. State of Uttarakhand, (2013) 11 SCC 673,

          which is reproduced hereinafter::

                                              "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."
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                       11. In case of Usha Chakraborty v. State of West

          Bengal, (2023) 15 SCC 135, while quashing the FIR therein and

          further proceedings based thereon, the Apex Court observed as

          under: -

                                ‘...the factual position thus would reveal that the
                  genesis as also the purpose of criminal proceedings are nothing but
                  the aforesaid incident and further that the dispute involved is
                  essentially of civil nature.’

                       12. The Apex Court has reiterated the aforesaid

          preposition in its recent judgment of S.N. Vijayalakshmi &

          Ors. Vrs. The State of Karnataka and Anr. reported in (2025)

          SCC Online SC 1575.

                       13. Learned District Court is directed to                take

          necessary steps to refer the matter under the provision of

          Mediation Act, 2023 before the learned Mediator of the District

          Mediation Center after issuing notice to the O.P. No.2 by fixing

          a date for their appearance to give effect to “Mediation for the

          Nation 2.0.”

                       14. Thereafter, learned Mediator of the District

          Mediation Center concerned shall make his/her best efforts to

          settle the dispute amicably and 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 no.1 in connection with the aforesaid case.
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                       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 above, the petitioner no.1 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 no.1

          to appear on or before 04.05.2026 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

          complainant/informant to reconcile, then in that case,            the

          interim protection granted to the petitioner no.1 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

          no.1 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. So far as petitioner no.2 is concerned, it has been

          informed that the petitioner no.2 was arrested during the

          pendency of the present bail application and he was released on
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                     regular bail, however,            in absence of such information or

                     supplementary affidavit having been filed in this regard on

                     behalf of the petitioner no.2, the said information is required to

                     be verified by the learned District Court and as such, no order is

                     passed in respect of petitioner no.2.

                                  20. 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.

                                  21.    With aforesaid direction and observation, the

                     present application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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