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Patna High Court

Prem Prakash Rai @ Mahesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that when the dispute is essentially civil and the parties are willing to settle, the criminal proceedings may be stayed and pre‑arrest bail granted, subject to mediation.

Summary

The petitioners, Prem Prakash Rai and Rinku Kumar, applied for pre‑arrest bail in a complaint alleging theft, extortion and common intention under IPC sections 379, 385 and 34. The FIR alleges that the petitioners, after a development agreement, threatened and extorted the complainant, kidnapped him, and stole money and a gold chain. The petitioners contend they are innocent and that the dispute is essentially civil, seeking an amicable settlement. The State agreed that the matter could be settled out of court. Relying on Supreme Court precedents (Paramjeet Batra and S.N. Vijayalakshmi), the High Court held that where a civil dispute is cloaked as a criminal case, the court may use its powers under Section 482 to facilitate mediation and grant interim pre‑arrest bail, directing the district court to refer the parties to a mediation centre. The application was disposed with directions for mediation and conditional bail.

Issues considered

  • Whether the complaint discloses a criminal offence or is essentially a civil dispute.
  • Whether the High Court can grant pre‑arrest bail and direct mediation under its inherent powers.
  • Whether Section 482 of the CrPC can be invoked to stay criminal proceedings in a civil‑nature dispute.

Legislation cited

Subjects

  • pre‑arrest bail
  • civil dispute
  • criminal proceeding
  • mediation
  • Section 482
  • IPC theft
  • extortion
  • common intention
  • quash criminal proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89994 of 2025
                  Arising Out of PS. Case No.-575 Year-2015 Thana- COMPLAINT CASE - PATNA CITY
                                                      District- Patna
                 ======================================================
           1.     Prem Prakash Rai @ Mahesh Rai Son of Late Dhanushdhari Rai Resident of
                  Mohalla - Naya Tola, Saristabad, Pather Gali (M.I. Lane), P.O.- G.P.O., P.S.-
                  Gardanibagh, District - Patna.
           2.    Rinku Kumar @ Bhanu Pratap Son of Prem Prakash Rai @ Mahesh Rai
                 Resident of Mohalla - Naya Tola, Saristabad, Pather Gali (M.I. Lane), P.O.-
                 G.P.O., P.S.- Gardanibagh, District - Patna.

                                                                              ... ... petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Rakesh Kumar Son of Baijnath Prasad Resident of Mohalla - Vijay
                 Complex, Flat No.- 103-B, Bazar Samiti, Rampur Road, P.S.- Bahadurpur,
                 District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the petitioners/s    :     Mr. Jagjit Roshan, Advocate
                 For the Opposite Party/s :     Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                     Heard Mr. Jagjit Roshan, learned counsel appearing

                   on behalf of the petitioners and Mr. Umeshanand Pandit, learned

                   APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                   with complaint Case No. 575/2015 registered for the offence(s)

                   punishable under Section 379, 385 and 34 of the Indian Penal

                   Code.

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

                   Rakesh Kumar had signed a development agreement with the

                   accused, Prem Prakash Rai, alias Mahesh Rai, and Rinku
Patna High Court CR. MISC. No.89994 of 2025(2) dt.15-01-2026
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          Kumar, alias Bhanu Pratap, to construct a multi-story building.

          After completing the work as per the agreement, he handed over

          the flats to them according to their percentage. Despite this, the

          accused threatened the complainant and extorted large sums of

          money from him. On 10.05.2015, at approximately 8:30 p.m.,

          the complainant was leaving his residence for a market to

          purchase household items. Meanwhile, the two accused, having

          agreed to carry out the crime, were sitting in their cowshed on

          the west side of the complainant's Vijay Complex, which also

          contained a licensed tractor. They suddenly surrounded the

          complainant and claimed that they had demanded three lakh

          rupees from him, which he had not paid. "If you don't pay,

          you're an Englishman," they said, "and we'll kidnap you now.

          No one will do anything to you." Meanwhile, all the accused

          caught hold of the complainant and started slapping him and

          forcibly took him in their car. Co-accused Rinku Kumar took

          out the purse from the back pocket of the complainant's pants,

          which contained Rs. 25000/- and Mahesh Rai snatched a gold

          chain weighing three tolas from the complainant's neck,

          meanwhile, seeing the incident, people from nearby gathered,

          upon which the accused demanded a sum of Rs. three lakhs and

          in case of failure to fulfill it in a week, they would kidnap him
Patna High Court CR. MISC. No.89994 of 2025(2) dt.15-01-2026
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          and kill him or get him killed.

                        4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and they have

          falsely been implicated in the present case. Though the

          petitioners have not entered into any agreement with the

          informant, however, considering the fact that the matter is

          purely civil in nature, the petitioners, in order to buy peace of

          mind and to get rid of the criminal prosecution, are ready to

          settle the dispute amicably outside the Court.

                       5. Learned APP for the State submitted that the matter

          can be settled amicably 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 12.02.2026.

                       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
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          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
                                  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 12.02.2026, so

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

                       12. Learned District Court is directed to take

          necessary steps to issue notices to the respective parties and

          upon their appearance, refer the matter before the learned
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          Mediator of the District Mediation Center by fixing a date for

          appearance of the parties.

                       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 four 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 12.02.2026 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.

                       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.
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                                  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

                     present application stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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