Patna High Court – Orders
Abhinash Kumar vs The State Of Bihar on 24 February, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70735 of 2025
Arising Out of PS. Case No.-1053 Year-2023 Thana- BARACHATTI District- Gaya
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Abhinash Kumar aged about 21 years (M) Son of Raghunandan Prasad,
resident of Village- Musharshavda PS -Mohanpur Distt- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Kumar Prabhakar S/o- Late Rajkuleshwar Singh Narayan Chua PS-
Vishnupad, Dist-Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the O.P. No. 2 : Mr. Rama Kant Singh, Advocate
For the State : Mr. Damodar Prasad Tiwary, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 24-02-2026
Heard Mr. Paras Nath, learned counsel appearing
on behalf of the petitioner; Mr. Rama Kant Singh, learned
counsel for the O.P. No. 2 and Mr. Damodar Prasad Tiwary,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Barachatti Town P.S. Case No. 1053 of 2023 registered for
the offence punishable under Sections 406, 420, 504 and 506/34
of the IPC.
3. The prosecution case, in brief, is that in 2018 the
informant, while on leave at his native village, entered into a
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land transaction with the accused persons. Initially, pursuant to a
proposal made by accused Kavita Verma and others, an
agreement for sale dated 08.05.2018 was executed for purchase
of 3 decimals of roadside land situated at Village Musarshavda
for a total consideration of ₹6,00,000/-. An advance amount of
₹4,25,000/- was allegedly paid to co-accused Raghunandan
Prasad and Vikash Kumar, duly acknowledged in the agreement.
Subsequently, on a further proposal, the informant agreed to
purchase an additional 9 decimals of land and allegedly paid a
total sum of ₹16,00,000/- to co-accused Kavita Verma and
Vikash Kumar, including ₹5,00,000/- through cheques dated
29.06.2018 and 03.07.2018 drawn on ICICI Bank. Despite
receipt of the aforesaid amounts, the accused persons allegedly
failed to execute the sale deed and instead absconded from their
residence. Upon being approached by the informant on
06.11.2023 for either execution of the sale deed or refund of the
consideration amount, the accused persons allegedly abused and
criminally intimidated him and refused to return the money. The
prosecution thus alleges commission of offences involving
cheating, criminal breach of trust, and criminal intimidation.
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioner is innocent and he has
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falsely been implicated in the case. He further submits that 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. Learned counsel appearing on behalf of the O.P.
No.2 and learned APP for the State jointly submitted that
opportunity shall be given to the parties to reconcile their
dispute amicably.
6. The petitioner’s counsel also informs that he has
received instruction that the petitioner also wants to reconcile
the dispute by way of mediation.
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
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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.”
(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 Apex Court while considering the content of
ingredients of Sections 406 and 420 of the Indian Penal Code in
the case of Delhi Race Club (1940) Ltd. & Ors. vs. State of
Uttar Pradesh & Anr. in Criminal Appeal No. 3114 of 2024,
after discussing the earlier law laid down in several cases, has
observed in paragraphs nos. 35, 36 and 37, inter alia as follows:
Difference between criminal breach of trust
and cheating
35. This Court in its decision in S.W.
Palanitkar v. State of Bihar S.W. Palanitkar v. State of
Bihar, (2002) 1 SCC 241 expounded the difference in the
ingredients required for constituting of an offence of
criminal breach of trust (Section 406 IPC) vis-Ã -vis the
offence of cheating (Section 420). The relevant observations
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“9. The ingredients in order to constitute a
criminal breach of trust are : (i) entrusting a person with
property or with any dominion over property; (ii) that
person entrusted : (a) dishonestly misappropriating or
converting that property to his own use; or (b) dishonestly
using or disposing of that property or wilfully suffering any
other person so to do in violation (i) of any direction of law
prescribing the mode in which such trust is to be
discharged, (ii) of any legal contract made, touching the
discharge of such trust.
10. The ingredients of an offence of cheating
are : (i) there should be fraudulent or dishonest inducement
of a person by deceiving him, (ii)(a) the person so deceived
should be induced to deliver any property to any person, or
to consent that any person shall retain any property; or (b)
the person so deceived should be intentionally induced to
do or omit to do anything which he would not do or omit if
he were not so deceived; and (iii) in cases covered by (ii)
(b), the act of omission should be one which causes or is
likely to cause damage or harm to the person induced in
body, mind, reputation or property.”
36. What can be discerned from the above is
that the offences of criminal breach of trust (Section 406
IPC) and cheating (Section 420 IPC) have specific
ingredients:
In order to constitute a criminal breach of
trust (Section 406 IPC)
(1) There must be entrustment with person for
property or dominion over the property, and
(2) The person entrusted:
(a) Dishonestly misappropriated or converted
property to his own use, or
(b) Dishonestly used or disposed of the
property or wilfully suffers any other person so to do in
violation of:
(i) Any direction of law prescribing the
method in which the trust is discharged; or
(ii) Legal contract touching the discharge of
trust (see : S.W. Palanitkar [S.W. Palanitkar v. State of
Bihar, (2002) 1 SCC 241.
Similarly, in respect of an offence under
Section 420IPC, the essential ingredients are:
(1) Deception of any person, either by making
a false or misleading representation or by other action or
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(2) Fraudulently or dishonestly inducing any
person to deliver any property, or
(3) The consent that any person shall retain
any property and finally intentionally inducing that person
to do or omit to do anything which he would not do or omit
(see : Harmanpreet Singh Ahluwalia v. State of Punjab
[Harmanpreet Singh Ahluwalia v. State of Punjab, (2009) 7
SCC 712.
37. Further, in both the aforesaid sections,
mens rea i.e. intention to defraud or the dishonest intention
must be present, and in the case of cheating it must be there
from the very beginning or inception.”
12. The parties have willingly desired to appear
before the learned District Court on or before 12.03.2026, so
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. 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.
15. In case, the parties resolve their dispute amicably
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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.
16. In case of failure on the part of the petitioner to
appear on 12.03.2026 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.
17. 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.
18. 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.
19. If both the parties arrive at amicable settlement,
then they must withdraw the criminal cases, if any, which they
have lodged against each other.
20. With aforesaid direction and observation, the
present application stands disposed of.
21. Let a copy of this order be communicated to the
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Member Secretary, Bihar State Legal Services Authority and the
Patna High Court Mediation Centre for the purpose of record.
(Purnendu Singh, J)
Niraj/-
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