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Patna High Court

Khushmardan LakraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bail bond, sureties, and compliance with the mediation settlement and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Khushmardan Lakra, was facing arrest in a complaint case (No. 221 of 2023) for an alleged offence under Section 406 of the Indian Penal Code. The dispute between the petitioner and the informant was referred to the Patna High Court Mediation and Conciliation Centre, where a mediator’s report dated 17‑12‑2025 indicated that the parties had reached a settlement agreement. The informant did not contest the petitioner’s claim that the matter was resolved through mediation. The petitioner applied for bail, fearing arrest, and the court examined the mediation report and the lack of opposition from the informant. The court allowed the bail application, directing that if the petitioner is arrested or surrenders within eight weeks, he be released on a bail bond of Rs.10,000 with two sureties, subject to compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and adherence to the mediation agreement.

Issues considered

  • Whether bail can be granted to the petitioner in a case under Section 406 IPC when the dispute has been settled through mediation.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita applies to condition the bail on compliance with the mediation agreement.

Legislation cited

Subjects

  • bail
  • mediation
  • criminal breach of trust
  • Section 406 IPC
  • Section 482(2) BNSS
  • settlement agreement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10689 of 2025
                   Arising Out of PS. Case No.-221 Year-2023 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
                 Khushmardan Lakra Son of Prabhu Sahay Lakra Residing at Khadgarta, Near
                 Bas Stand, P.S.-Lower Bazar, District-Ranchi (Jharkhand).

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Karuna Lal Wife of Kishstam Mohan Soren Residing at C.M.M. School
                 Mission Compound, P.O. - Champanagar, P.S. - Nath Nagar, District -
                 Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Dhananjay Kr. Gupta, Advocate
                 For the Opposite Party/s :    Mr. Pradeep Narain Kumar, A.P.P.
                                               Mr. Pankaj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   08-01-2026                  At the outset, learned counsel for the petitioner

                   submits that dispute between the parties has been resolved

                   through the process of mediation.

                                2. Heard learned counsel for the petitioner, informant

                   and the State.

                                3. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 406 of the Indian Penal

                   Code.

                                4. Earlier, the matter was referred to Patna High Court

                   Mediation and Conciliation Centre by order dated 08.04.2025

                   for resolution of dispute between the parties and in this regard, a
              Patna High Court CR. MISC. No.10689 of 2025(3) dt.08-01-2026
                                                          2/2




                        report dated 17.12.2025, kept at flag ‘M’, has been received. On

                        perusal of Mediator’s report, it appears that the dispute between

                        the parties has been resolved on the terms and conditions

                        mentioned in the Agreement (annexed with the Mediator’s

                        report).

                                     5. Learned counsel for the informant does not dispute

                        the contention made on behalf of the petitioner.

                                     6. Accordingly, this bail application is allowed and it

                        is ordered that in the event of arrest/surrender within a period of

                        eight weeks from today, let the above-named petitioner be

                        enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur

                        in connection with Complaint Case No. 221 of 2023, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita with further condition that petitioner

                        shall abide by the terms & conditions of the agreement, arrived

                        at between both parties before the Mediator.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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