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Patna High Court

Vivek Kumar @ Vivek SinghversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted pre‑arrest bail to petitioner no.1 on bond and conditioned bail for petitioner no.2 on the outcome of mediation or settlement, with the protection to lapse if conditions are not met.

Summary

The High Court considered a pre‑arrest bail application filed by two accused, Vivek Kumar (21, a student) and Dhanji Singh (33), in a case registered under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the BNS for assaulting an informant and his family. The court found only minimal evidence against the younger petitioner and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the BNSS. For the older petitioner, the court noted a prior enmity with the informant and directed the district court to issue notices and explore a possible compromise in line with the Supreme Court’s decision in Naushey Ali v. State of U.P., referring the matter to a mediator under the Mediation Act, 2023. The bail for the second petitioner was made conditional on successful mediation or a court‑determined settlement; otherwise, the interim protection would lapse. The application was ultimately disposed, granting bail to petitioner 1 and conditional bail to petitioner 2.

Issues considered

  • Whether pre‑arrest bail should be granted to petitioner no.1 given the paucity of evidence.
  • Whether pre‑arrest bail can be conditioned on mediation/compromise for petitioner no.2 under the principles laid down in Naushey Ali v. State of U.P.
  • Application of Section 482(2) of the BNSS in granting bail.
  • Role of the Mediation Act, 2023 in criminal bail proceedings.

Legislation cited

Subjects

  • pre‑arrest bail
  • mediation
  • criminal procedure
  • Section 482
  • Bihar
  • assault
  • compromise

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10287 of 2026
                     Arising Out of PS. Case No.-320 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
           1.     Vivek Kumar @ Vivek Singh, aged about 21 years (Male), S/o Vinod Singh
           2.    Dhanji Singh @ Dhanji Kumar Singh, aged about 33 years (male),
                  S/o Rajendra Singh, R/o Village- Indrath Khurd, PS- Bikramganj, Distt-
                 Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramashray Roy, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   11-05-2026                     Heard Mr. Ramashray Roy, learned counsel

                   appearing on behalf of the petitioners and Mr. Sanjay Kumar,

                   learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Bikramganj P.S. Case No. 320 of 2025 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 118(1),

                   109, 352 and 3(5) of the BNS.

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

                   persons named therein including the petitioners assaulted the

                   informant and his family members, with an intention to kill,

                   causing injuries.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.10287 of 2026(4) dt.11-05-2026
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          petitioners submitted that the petitioners are innocent and have

          falsely been implicated the present case. Petitioner no.1 is 21

          years old and he is a student, whereas petitioner no.2 is 33 years

          old and allegation against them is that they along with other co-

          accused persons assaulted the informant and his family

          members, in which allegedly informant sustained grievous

          injuries and other victims sustained simple injury. Allegation is

          general and omnibus and it cannot be said that the petitioners

          had assaulted the informant or other victim persons. Petitioners

          have clean antecedents. On these grounds, petitioners seek to be

          released on pre-arrest bail.

                       5. Per contra, learned APP for the State vehemently

          opposed the prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR and the material which has come in the case diary, I find

          that there is minuscule evidence against petitioner no.1, 21 years

          old, who is a student, that he had actively participated in the

          alleged incidence in which informant and other persons received

          injury. The petitioner no.1, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or

          surrender before the learned District Court within a period of
Patna High Court CR. MISC. No.10287 of 2026(4) dt.11-05-2026
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          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate 1st, Bikramganj, Rohtas / Concerned Court in

          connection with Bikramganj P.S. Case No. 320/2025 subject to

          the conditions as laid down under Section 482(2) of the BNSS.

                       7. The learned District Court is directed to verify

          the criminal antecedent of the petitioner no.1 and if it is

          found that the petitioner no.1 is involved in some other

          cases, as what has been stated in paragraph no.3 of the bail

          application, this order will automatically lose its force with

          respect to the petitioner no.1.

                       8. So far as petitioner no. 2 is concerned, previous

          enmity between him and the informant is not denied. Both

          parties are co-villagers. The learned District Court is directed to

          first issue notice to the informant and also to the petitioner and

          see whether there is any possibility of any compromise between

          the parties. In case, he finds that there is possibility of

          compromise in view of the law laid down by the Apex Court in

          case of Naushey Ali vs. State of U.P., reported in, (2025) 4

          SCC 78 then in that case, he will refer the matter before the

          learned Mediator of the District Mediation Centre under the
Patna High Court CR. MISC. No.10287 of 2026(4) dt.11-05-2026
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          provision of Mediation Act, 2023 by fixing a date for

          appearance of the parties to give effect to “Mediation for the

          Nation 2.0”.

                       9. Thereafter, learned Mediator of the District

          Mediation Center concerned shall make his/her best efforts to

          settle the dispute amicably and 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 no.2 in connection with the aforesaid case.

                       10. 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 above, the petitioner no.2 is required

          to be released on pre-arrest bail on such terms and conditions as

          the learned District Court deems it fit and proper.

                       11. In case of failure on the part of the petitioner no.2

          to appear on the date fixed before the learned District Court or

          any date fixed by the learned Mediator, the interim protection

          granted to the petitioner no.2 shall automatically lose its force.

                       12.     In case, it is deliberate on the part of the

          informant to reconcile, then in that case, the interim protection

          granted to the petitioner no.2 shall continue and the trial shall

          proceed in accordance with law.
           Patna High Court CR. MISC. No.10287 of 2026(4) dt.11-05-2026
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                                  13. In case, the parties fail to reconcile, then in that

                     case, parties may avail appropriate remedy. Then also, petitioner

                     no.2 is directed to be released on pre-arrest bail on such terms

                     and conditions as the learned District Court deems it fit and

                     proper.

                                  14. The bail application stands disposed of.

                                  15. Let a copy of this order be communicated to the

                     Member Secretary, Bihar State Legal Services Authority and the

                     Patna High Court Mediation Centre for the purpose of record.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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