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Patna High Court

Sunil Kumar Singh @ Ram Sogarath Singh @ Sogarath SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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.
Patna High Court CR. MISC. No.9169 of 2026(4) dt.07-05-2026
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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
Patna High Court CR. MISC. No.9169 of 2026(4) dt.07-05-2026
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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
Patna High Court CR. MISC. No.9169 of 2026(4) dt.07-05-2026
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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
            Patna High Court CR. MISC. No.9169 of 2026(4) dt.07-05-2026
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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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