Patna High Court
Gita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail, directing the filing and verification of the compromise and conditioning the bail on the absence of any other pending criminal case.
Summary
The petitioners, members of the Paswan family, feared arrest in a 2016 case (Muffasil P.S. No.419) alleging that they assaulted an informant by accusing her of witchcraft. The FIR listed multiple IPC offences (sections 147, 148, 149, 323, 452, 380, 354, 427, 504, 506) together with Sections 3 and 4 of the Witchcraft Act. The petitioners submitted that they had reached a compromise with the complainant, attaching the agreement as Annexure P/2. The High Court, after hearing counsel, directed the petitioners to file the compromise before the District Court for verification and ordered that they be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties each. The bail order was made subject to verification of any prior criminal antecedents and to the conditions laid down under Section 482(2) of the Criminal Procedure Code, with the order lapsing if any other pending case is discovered.
Issues considered
- Whether a pre‑arrest bail can be granted in a criminal case where the parties claim to have reached a compromise.
- Whether Section 482(2) of the Criminal Procedure Code permits the High Court to direct the filing and verification of a compromise and condition bail on such verification.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 149, 323, 354, 380, 427, 452, 504, 506
Subjects
- pre‑arrest bail
- compromise
- witchcraft
- IPC offences
- Criminal Procedure Code
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10598 of 2026
Arising Out of PS. Case No.-419 Year-2016 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Gita Devi W/o Virendra Paswan @ Birendra Paswan R/o Village -
Dharmuha, P.S.- Muffasil, District - East Champaran at Motihari
2. Virendra Paswan @ Birendra Paswan S/O Bhikhari paswan R/o Village -
Dharmuha, P.S.- Muffasil, District - East Champaran at Motihari
3. Nitesh Paswan @ Nitesh Kumar Paswan S/o Virendra Paswan @ Birendra
Paswan R/o Village - Dharmuha, P.S.- Muffasil, District - East Champaran at
Motihari
4. Pratima Devi W/o Nitesh Paswan @ Nitesh Kumar Paswan R/o Village -
Dharmuha, P.S.- Muffasil, District - East Champaran at Motihari
5. Bhikhari Paswan S/o Late Rikshan Paswan @ Late raushan paswan @ Late
Ruhan paswan R/o Village - Dharmuha, P.S.- Muffasil, District - East
Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard Mr. Shashank Shekhar, learned counsel
appearing on behalf of the petitioners and Mr. Ashok Kumar
Singh, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection
with Muffasil P.S. Case No. 419 of 2016 registered under
Sections 147,148,149,323,452,380,354,427,504,506 of the
Indian Penal Code and Sections 3, 4 Witchcraft Act.
Patna High Court CR. MISC. No.10598 of 2026(2) dt.12-03-2026
2/3
3. As per the allegation made in the FIR, all the
accused persons assaulted the informant by accusing her of
practicing witchcraft.
4. At the outset, learned counsel appearing on behalf
of petitioners submitted that both the parties have entered into a
compromise, which has been brought on record by way of
Annexure P/2.
5. Since the parties have compromised the matter, the
petitioners are directed to file a copy of the compromise before
the learned District Court then after proper verification, in the
event of their arrest or surrender before the learned District
Court within a period of four weeks from today, the learned
District Court is directed to release the petitioners on pre-arrest
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned District Court where the case is pending in
connection with Muffasil P.S. Case No. 419 of 2016, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. The learned District Court is directed to verify
the criminal antecedent of the petitioners, as stated in
paragraph no. 3 of the bail application. If any other case is
Patna High Court CR. MISC. No.10598 of 2026(2) dt.12-03-2026
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pending against the petitioners, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Ashishsingh/-
U T
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