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Patna High Court

Arun MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted conditional pre‑arrest bail and ordered the matter to be referred to mediation, holding that the dispute is essentially civil and should be settled amicably.

Summary

The petitioner, Arun Mandal, applied for pre‑arrest bail in a complaint alleging cheating under IPC sections 420, 467, 468 and 120(B) arising from a disputed land sale where Rs.2,00,000 was paid in advance. The petitioner claimed innocence, argued that the dispute was essentially civil, and sought mediation instead of criminal prosecution. The State and the informant opposed the bail but also expressed willingness for an amicable settlement. The High Court, citing the Supreme Court’s observations in Paramjeet Batra and S.N. Vijayalakshmi, held that the matter could be resolved through mediation and that the criminal process should not be used to enforce a civil claim. Accordingly, the Court directed the District Court to refer the case to the District Mediation Centre, granted conditional pre‑arrest bail, and stipulated that bail would lapse if the petitioner failed to appear for mediation. The application was disposed with the bail order and mediation directions.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a cheating case under Sections 420, 467, 468, 120(B) of the IPC.
  • Whether the dispute is essentially civil and should be resolved through mediation rather than criminal prosecution.
  • Whether the High Court may direct referral to mediation under its powers under Section 482 of the CrPC.

Legislation cited

Subjects

  • pre‑arrest bail
  • cheating
  • land sale dispute
  • mediation
  • civil‑criminal nexus
  • Section 482 CrPC
  • IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9822 of 2026
                    Arising Out of PS. Case No.-16 Year-2021 Thana- KHAGARIA COMPALINT CASE
                                                    District- Khagaria
                 ======================================================
                 Arun Mandal Son of Late Vindeshwari Mandal Resident of Village-
                 Babuchakla, P.S.- Pasraha, District- Khagaria
                                                                ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Sudhir Singh @ Satyanarayan Bansidhar Son of Late Arjun Singh Resident
                  of Village- Bandehra, P.S.- Pasraha, District- Khagaria. At present resident
                  of house no. 96, second floor, Gali no. 12, Ambedkar Choupal, Dhirpur, P.S.-
                  Mukiharjee Nagar, District- Delhi
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr.Kumar Veerendra Narayan, APP
                 For the Informant        :     Mr. Shiv Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
3   06-05-2026                     Heard Mr. Santosh Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Kumar Veerendra

                   Narayan, learned APP for the State, as well as, Mr. Shiv Kumar,

                   learned counsel appearing on behalf of the Informant.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Complaint Case No. 16C/2021 registered for the offence(s)

                   punishable under Sections 420,467,468,120(B) of the IPC.

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

                   informant alleged that the petitioner and others agreed to sell a

                   specific parcel of land to him for a consideration of Rs.

                   4,00,000/-, out of which Rs. 2,00,000/- was paid in advance and

                   an agreement was executed on stamp paper. However, despite
Patna High Court CR. MISC. No.9822 of 2026(3) dt.06-05-2026
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          repeated requests and readiness on the part of the informant to

          pay the remaining amount, the accused persons avoided

          execution of the sale deed and allegedly, in furtherance of a

          conspiracy, dishonestly retained the money and refused to

          transfer the land, thereby committing cheating.

                       4. Learned counsel for the petitioner submitted that

          the petitioner is innocent and has been falsely implicated in the

          present case. Learned counsel further submitted that there are no

          ingredients constituting an offence under Section 420 of the

          Indian Penal Code, and the allegations, even if taken at their

          face value, do not make out a case of cheating. The petitioner

          has no criminal antecedent. The matter primarily relates to

          monetary transaction between the parties and for amicable

          settlement of dispute between the parties outside the Court, the

          matter be referred for mediation.

                       5. Per contra, 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 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.
Patna High Court CR. MISC. No.9822 of 2026(3) dt.06-05-2026
                                            3/5




          on 14.05.2026.

                       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 and the Opposite Party No. 2 is permitted to

          seek exemption from personal appearance, and his learned

          counsel shall be permitted to represent him on each and every

          date fixed before the learned Mediator.

                       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
                                  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
Patna High Court CR. MISC. No.9822 of 2026(3) dt.06-05-2026
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                                  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 14.05.2026, 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

          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
           Patna High Court CR. MISC. No.9822 of 2026(3) dt.06-05-2026
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                     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 14.05.2026 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

                     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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