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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered interim pre‑arrest bail for the petitioner, subject to mediation and appearance before the District Court, and disposed of the application.

Summary

Dilip Kumar applied for pre‑arrest bail in a case (PS‑380/2025) alleging land fraud involving forged identity documents and threats. The FIR alleges that the accused induced the informant to purchase land, paid most of the consideration in cash, and used forged documents. The petitioner contended that he is innocent, the dispute is purely civil, and he seeks mediation and bail. The State argued that the matter involves criminal elements. The High Court, citing Supreme Court precedents, held that the dispute appears civil in nature and directed that the petitioner be given interim protection through pre‑arrest bail, subject to appearance before the District Court and mediation, with bail to be confirmed by the District Court. The application was disposed with directions for mediation and conditional bail.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case involving alleged land fraud and forgery.
  • Whether the dispute is essentially civil and thus warrants quashing or staying criminal proceedings.
  • Whether mediation is an appropriate remedy before proceeding with criminal trial.

Legislation cited

Subjects

  • pre‑arrest bail
  • land fraud
  • civil dispute
  • mediation
  • criminal procedure
  • Section 482
  • abuse of process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89482 of 2025
                    Arising Out of PS. Case No.-380 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Dilip Kumar Son of Surendra Prasad R/o Village - Chanda, P.S. - Athmalgola,
                 Dist. - Patna, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Richa, Advocate
                 For the Opposite Party/s :      Ms.Asha Kumari, APP
                 For the Informant        :      Mr.Bindhyachal Singh, Sr. Advocate
                                                 Mr.Aakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   23-04-2026                     Heard Ms. Richa, learned counsel appearing on

                   behalf of the petitioner; Mr. Bindhyachal Singh, learned Senior

                   counsel along with Mr. Aakash Singh, learned counsel

                   appearing on behalf of informant and Ms. Asha Kumari, learned

                   APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bakhtiyarpur P.S. Case No. 380/2025 registered for the

                   offence(s) punishable under Sections 316(2),318(4),3(5), of the

                   BNS.

                                3. As per the allegation made in the FIR, the

                   informant was induced by the accused persons to purchase 10

                   kathas of land for Rs. 90 lakhs, out of which about Rs. 79 lakhs

                   was paid, and a sale deed was executed, however, it was later
Patna High Court CR. MISC. No.89482 of 2025(4) dt.23-04-2026
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          discovered that part of the land was not validly transferred and

          that forged identity documents were used during registry, and

          upon protest, the accused persons abused, threatened and fired

          at the informant.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and has

          falsely been implicated in the present case. The entire dispute

          arises out of a land transaction and is purely civil in nature.

          Learned counsel further submitted that as per the materials

          available on record, only a limited amount was transacted

          through bank accounts, whereas, the major portion of the

          alleged consideration is stated to have been paid in cash at the

          place of the informant. The petitioner’s role was confined only

          to transfer of his share of land and he had no concern with the

          alleged impersonation. The sale deed reflects a much lesser

          consideration amount and the allegations have been exaggerated

          with an ulterior motive to harass and extort money. The

          petitioner has clean antecedent. 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. Per contra, learned Senior counsel appearing on
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          behalf of the Informant and learned APP appearing on behalf of

          the State submitted that a chance be given to the parties for

          amicable settlement outside the court.

                       6. Learned counsel appearing on behalf of the

          petitioner, on instructions, submitted that the petitioner has

          agreed to appear before the learned District Court at 10:30 A.M.

          on 04.05.2026.

                       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
Patna High Court CR. MISC. No.89482 of 2025(4) dt.23-04-2026
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                                  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 petitioner has willingly desired to appear

          before the learned District Court on or before 04.05.2026, so

          that the matter can be referred to the District Mediation Centre.

                       12. Learned District Court is directed to issue notice

          to O.P. No.2 and 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”.

                       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
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          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 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.

                       16. In case, it is deliberate on the part of the

          complainant 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

          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
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                     present application stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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