Patna High Court
Nawal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- Bharatiya Nyay Sanhita, 2023 — s. 316(2), 318(4), 3(5)
- Code of Criminal Procedure — s. 482
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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