Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed; the lower court's order is set aside and anticipatory bail is granted subject to Section 482(2) of the BNSS.
Summary
Guddu Kumar appealed against an order dated 25.07.2024 passed by the Additional Sessions Judge-cum-Special Judge under the POA Act in case No.315 of 2024. The parties informed the court that the matter had been referred to mediation on 13.11.2025 and that mediation was successful, with the second respondent not opposing the appeal. The High Court, considering these submissions, set aside the lower court's order and directed that the appellant be released on anticipatory bail, provided he surrenders or is arrested within six weeks and furnishes a bail bond of Rs.5,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. Consequently, the appeal was allowed. The order emphasizes the role of mediation and the court's discretion under Section 482(2) to grant anticipatory bail.
Issues considered
- Whether a lower court's bail order can be set aside when mediation between the parties is successful.
- Whether anticipatory bail may be granted under Section 482(2) of the BNSS in the present case.
- Whether the appellant must surrender or be arrested within a stipulated period to avail anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- mediation
- criminal appeal
- Section 482
- BNSS
- POA Act
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3875 of 2024
Arising Out of PS. Case No.-315 Year-2024 Thana- RAFIGANJ District- Aurangabad
======================================================
Guddu Kumar Son of Late Haricharan Saw Resident of Village - Main Road,
Math Mohalla, P.S. - Rafiganj, District - Aurangabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Santosh Kumar Ambedkar Son of Rajendra Ram Resident of Village - Pal
Nagar, P.S. - Rafiganj, District - Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Ms. Mukul Kumari
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 25-03-2026 1. Heard learned counsel for the appellant, learned
Spl. P.P. for the State, Mr. Binay Krishna and the learned
counsel appearing on behalf of the informant.
2. Learned counsel for the parties jointly submitted
that by an order dated 13.11.2025, the case was referred for
mediation and the mediation was successful.
3. Learned counsel appearing on behalf of the
respondent no. 2 submits that he has instructions to make
submission not to oppose the appeal of the appellant.
4. Considering the submissions made by the
learned counsel for the parties and taking into consideration the
fact that mediation was successful, the order dated 25.07.2024
Patna High Court CR. APP (SJ) No.3875 of 2024(6) dt.25-03-2026
2/2
in A.B.P. No. 1547 of 2024 passed by the learned 1st Additional
Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act,
Aurangabad in connection with Rafiganj P.S. Case No. 315 of
2024, is hereby set aside and the appellant above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties
of the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Rafiganj P.S. Case No. 315 of 2024 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
5. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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