Patna High Court
Sunil Kumar Singh @ Ram Sogarath Singh @ Sogarath SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
In the absence of a clear criminal element, the High Court ordered the matter to be referred to mediation and granted conditional pre‑arrest bail to prevent abuse of the judicial process.
Summary
The petitioner, Sunil Kumar Singh, applied for pre‑arrest bail in a criminal case alleging fraud in a land sale, invoking sections 338, 336(3), 340(2) and 318(4) of the BNS. Both the petitioner and the informant (who is also the petitioner’s nephew) agreed that the dispute is essentially civil and sought an amicable settlement through mediation. The Court, relying on the Supreme Court’s observations in Paramjeet Batra v. State of Uttarakhand and S.N. Vijayalakshmi v. State of Karnataka, held that proceeding with criminal prosecution where a civil remedy is available would amount to abuse of process. Accordingly, the Court directed the District Court to refer the matter to the District Mediation Centre and granted interim protection to the petitioner, conditioning bail on the parties’ appearance before the mediator and on any settlement reached. The application was disposed with directions for mediation and conditional pre‑arrest bail.
Issues considered
- Whether the alleged land‑sale dispute, though framed as a criminal offence, is essentially civil and thus warrants quashing or staying of criminal proceedings.
- Whether pre‑arrest bail can be granted conditionally pending mediation to prevent abuse of process.
- Whether Section 482 of the Code of Criminal Procedure can be invoked to stay the criminal case in such circumstances.
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 336(3), 338, 340(2)
- Code of Criminal Procedure — s. 482
Subjects
- pre‑arrest bail
- civil dispute
- criminal proceedings
- abuse of process
- mediation
- Section 482 CrPC
- land fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9169 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Sunil Kumar Singh @ Ram Sogarath Singh @ Sogarath Singh S/o Late Bisho
Singh R/o Village- Jay Nagar Basti, P.S- Jay Nagar, Dist- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Verma, Advocate
For the Informant : Mr. Murlidhar Mishra, Advocate
For the State : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 07-05-2026 Heard learned counsel appearing on behalf of the
petitioner; learned counsel for the informant and learned APP
for the State.
2. The petitioner seeks pre-arrest bail in connection
with Jay Nagar P.S. Case No. 232/2025 registered for the
offence punishable under Sections 338, 336(3), 340(2) and
318(4) of the BNS.
3. As per the allegation made in the FIR, the
petitioner, who is own uncle of the informant, has fraudulently
sold the land of the informant appertaining to Old Khata No
598, Plot No. 9676, New Khata No. 2811, Plot No. 13029
situated under Mauza Usrahi Dewdha, Thana No. 14, Anchal-
Jay Nagar measuring total area 5 Khatha 10 Dhur.
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4. Learned counsel appearing submitted that the
petitioner is innocent and has been falsely implicated in the
present case. 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.
5. Learned counsel appearing on 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 for the petitioner and informant on
instructions, submitted that the petitioner and the informant
have agreed to appear before the learned District Court at 10:30
A.M. on or before 15.05.2026.
7. However, learned counsel for the informant informs
that the informant is a bank employee and presently, he is posted
at Kolkata so he may be given liberty to appear before the
learned District Court and before the learned Mediator through
his counsel.
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
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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.
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."
11. 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.
12. Both the parties have willingly desired to appear
before the learned District Court on or before 15.05.2026, so
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that the matter can be referred to the District Mediation Centre.
13. 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”.
14. The informant may be represented though his
counsel before the learned District Court and before the learned
Mediator considering the fact that he is a bank employee and at
present, he is posted at Kolkata.
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
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
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appear on or before 15.05.2026 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.
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.
21. With aforesaid direction and observation, the
present application stands disposed of.
22. 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.
(Purnendu Singh, J)
Niraj/-
U T
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