Patna High Court – Orders
Ambika Sao @ Ambika Prasad vs The State Of Bihar on 15 July, 2026
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18781 of 2026
Arising Out of PS. Case No.-1900 Year-2023 Thana- GAYA COMPLAINT CASE District-
Gaya
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1. Ambika Sao @ Ambika Prasad S/o Late Indradeo Sao R/o Village -
Gurudwara Road, P.S - Kotwali, District - Gaya.
2. Mukhlal Sao @ Mukhlal Prasad Gupta @ Mukhlal Gupta S/o Late Indradeo
Sao R/o Village - Gurudwara Road, P.S - Kotwali, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kameshwar Sao S/o Late Indradeo Sao R/o Village - Dumrichatti, P.S -
Fatehpur, District - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Onkar Nath, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
For the Informant : Mr.Abhijeet Abhigyan, Advocate
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 15-07-2026
Heard Mr. Onkar Nath, learned counsel appearing on
behalf of the petitioners; Mr. Humayou Ahmad Khan, learned
APP for the State and Mr. Abhijeet Abhigyan, learned counsel
appearing on behalf of the Informant.
2. The petitioners seek pre-arrest bail in connection
with Complaint Case No. 1900/2023 registered for the
offence(s) punishable under Sections
323,341,342,379,120B,420,467,468,471 of the IPC.
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3. As per the allegation made in the FIR, the
petitioners, in conspiracy with the co-accused, fraudulently
transferred the ownership of the complainant’s truck by forging
his signature on the No Objection Certificate and thereafter
assaulted and threatened the complainant.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
been falsely implicated due to a family and property dispute. He
submitted that the complainant himself was aware of the
proposed sale of the vehicle since September, 2021 and had
executed a notarized agreement acknowledging the transaction.
He further submitted that the complainant had himself obtained
the N.O.C. from Tata Motors and had participated in the transfer
process after receiving consideration. Learned counsel also
submitted that the complaint has been instituted after an
unexplained delay of more than two years. 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 APP appearing on behalf of the
State submitted that a chance be given to the parties for
amicable settlement outside the court.
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6. Learned counsel appearing on behalf of the
petitioners, on instructions, submitted that the petitioners have
agreed to appear before the learned District Court at 10:30 A.M.
on 28.07.2026.
7. Heard the parties
8. Having heard the rival submissions made on behalf
of the parties and upon perusal of the materials available on
record, it appears that the specific allegation against the
petitioners is of forging the signature of the complainant on the
No Objection Certificate and fraudulently transferring the
ownership of the truck bearing Registration No. BR-02Q-6476
in favour of a third person, though the dispute has arisen
between real brothers. Considering the relationship between the
parties and the attendant facts and circumstances of the case, I
am of the opinion that an opportunity deserves to be given to the
parties to settle their dispute 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
Patna High Court CR. MISC. No.18781 of 2026(5) dt.15-07-2026
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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 petitioners have willingly desired to appear
before the learned District Court on or before 28.07.2026, 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
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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 petitioners 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 petitioners are
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 petitioners to
appear on 28.07.2026 before the learned District Court or any
date fixed by the learned Mediator, the interim protection
granted to the petitioners 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 petitioners 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,
petitioners are directed to be released on pre-arrest bail on such
terms and conditions as the learned District Court deems it fit
and proper.
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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
