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Patna High Court

Nawal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered that the petitioner be released on pre‑arrest bail subject to appearance before the District Court and referral to mediation, with interim protection pending settlement.

Summary

Nawal Kumar petitioned for pre‑arrest bail in a case registered under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023, arising from a disputed land transaction where alleged impersonation of landowners led to a criminal complaint. The petitioner claimed the matter was essentially civil, that he was falsely implicated, and sought mediation to settle the dispute. The State opposed the bail but did not contest the possibility of an amicable settlement. Relying on Supreme Court pronouncements in Paramjeet Batra v. State of Uttarakhand and S.N. Vijayalakshmi v. State of Karnataka, the High Court held that where a civil remedy is available, criminal proceedings may be stayed to prevent abuse of process. The Court directed the petitioner to appear before the District Court and the District Mediation Centre, granting interim protection and conditional pre‑arrest bail pending mediation. If mediation succeeds, the parties must withdraw the criminal case; if it fails, bail remains subject to the District Court’s discretion.

Issues considered

  • Whether pre‑arrest bail should be granted when the underlying dispute is civil in nature despite a criminal complaint under the Bharatiya Nyay Sanhita.
  • Whether the High Court can invoke its inherent powers under Section 482 CrPC to stay or quash criminal proceedings in a civil‑dispute context.
  • Whether directing the parties to mediation is appropriate before granting bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • civil dispute
  • criminal proceedings
  • mediation
  • Section 482 CrPC
  • Bharatiya Nyay Sanhita
  • land fraud
  • abuse of process

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92045 of 2025
                    Arising Out of PS. Case No.-380 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Nawal Kumar Son of Ramchandr Singh @ Ram Chandra Singh 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 :      Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   23-04-2026                  Heard Ms. Richa, learned counsel appearing on behalf

                   of the petitioner and Mr. Satyendra Prasad, 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

                   Bharatiya Nyay Sanhita, 2023.

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

                   informant alleged that he intended to purchase 10 kathas of land

                   and in that connection contacted his acquaintance Ram Snehi

                   Singh, who introduced him to persons claiming themselves to be

                   landowners. The land was agreed to be sold for a consideration

                   amount and pursuant thereto, the informant made payments on
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          different dates partly in cash and partly through bank

          transactions to the persons concerned. The sale deed was

          executed after identification of the landowners, however,

          subsequently        two     persons      had         allegedly   impersonated

          themselves as landowners by using forged identity documents

          and part of the land had not been validly transferred. Upon

          protest, the informant and his son were abused and threatened

          with dire consequences.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that the petitioner is innocent and he has

          falsely been implicated in the present case. Learned counsel

          submitted that the present case is false and malicious. The entire

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

          per the prosecution story itself, only a limited amount was

          transferred through bank accounts whereas a substantial amount

          is alleged to have been paid in cash at the place of the

          informant. The petitioner had concern only with respect to his

          share of land and had no role in the alleged impersonation. The

          sale deed reflects a lesser consideration amount and the present

          case has been instituted with an oblique motive to harass and

          extort money. The matter primarily relates to monetary

          transaction between the parties and for amicable settlement of
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          dispute between the parties outside the Court, the matter be

          referred for mediation.

                       5. Per contra, 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
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                                  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 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
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          within a period of three 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 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
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                     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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