Patna High Court
Vivek Kumar @ Vivek SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Sale (BNS) — s. 109, 115(2), 118(1), 126(2), 3(5), 352
- Bihar Negotiable Sale (BNSS) — s. 482(2)
- Mediation Act, 2023
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
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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
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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
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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.
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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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