Patna High Court
Kamta Prasad RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed, setting aside the order rejecting bail and directing that bail be granted subject to conditions.
Summary
The appellant, Kamta Prasad Ray, was denied bail by an Exclusive Special Judge under the SC/ST (PoA) Act in connection with a case under several sections of the B.N.S., 2023 and the SC/ST Act. The appellant filed a criminal appeal alleging that the dispute had been resolved through mediation, attaching the settlement report. The High Court, after hearing counsel, noted the compromise between the parties and the appellant's continued judicial custody since August 2025. The Court set aside the lower court's order rejecting bail and allowed the appeal. Consequently, the appellant was granted bail upon furnishing a Rs.10,000 bond with two sureties, subject to compliance with the settlement terms.
Issues considered
- Whether a bail application can be granted after the parties have reached a mediated settlement in a case under the SC/ST (PoA) Act and B.N.S., 2023.
- Whether the rejection of bail by the Exclusive Special Judge was justified in view of the settlement and the appellant's custodial status.
Legislation cited
- B.N.S., 2023 — s. 316(2), 316(5), 318(4), 319(2), 61(2)
- SC/ST (POA) Act — s. 3(2)(v)(a), 3(i)(r)(s)
Subjects
- bail
- mediation settlement
- SC/ST (PoA) Act
- criminal appeal
- judicial custody
- exclusive special judge
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4567 of 2025
Arising Out of PS. Case No.-774 Year-2025 Thana- SONEPUR District- Saran
======================================================
Kamta Prasad Ray S/o Late Birchand Ray R/o Vill- Kharika Barbighawa, P.S-
Pahleja Ghat Sonepur, Dist- Saran
... ... Appellant/s
Versus
1. The State of Bihar
2. Uma Shankar Chaudhary S/o Late Mundrika Chaudhary R/o vill -
Harnichak, Post - Anishabad, P.S.- Beur, Distt.- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jeetendra Narayan, Advocate
For the Respondent/s : Mr. Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 07-05-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 26.09.2025 passed by learned Exclusive
Special Judge SC/ST (PoA) Act, Saran at Chapra whereby the
prayer for bail of the appellant in connection with Sonepur P.S.
Case No. 774 of 2025 under Sections 319(2), 318(4), 316(2),
316(5), 61(2) of the B.N.S., 2023 and sections 3(i)(r)(s), 3(2)(v)
(a) of SC/ST Act was rejected.
3. Learned counsel for the appellant submits that in
this case, the dispute between the parties have resolved through
Patna High Court CR. APP (SJ) No.4567 of 2025(4) dt.07-05-2026
2/2
mediation and the terms of the settlement are annexed with the
mediation report. He further submits that appellant is
languishing in judicial custody since 17.08.2025.
4. Having heard learned counsel for the parties and
taking into consideration that the parties have compromised the
case, the Court is inclined to allow this appeal. Accordingly, the
appeal is allowed and the impugned order dated 26.09.2025 is
hereby set aside.
5. The appellant is directed to be enlarged on bail in
connection with Sonepur P.S. Case no. 774 of 2025 on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge SC/ST (PoA) Act, Saran at
Chapra with the condition that the appellant shall abide the
conditions of the settlement, failing which, the learned trial
court will be at liberty to pass any order in accordance with
law.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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