Patna High Court
Md. AnwarulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner, subject to a bond, sureties, and compliance with the mediation agreement, invoking Section 482(2) of the BNS.
Summary
Petitioner Md. Anwarul sought bail fearing arrest in a criminal case (PS Bathnaha, Araria) involving multiple offences under the Bharatiya Nagarik Suraksha Sanhita (BNS) and the D.P Act. The dispute between the petitioner and his wife, Bibi Runa Khatoon, had been settled through mediation, and a mediator’s report dated 16‑05‑2026 confirmed the parties’ agreement. Both the petitioner’s counsel and the informant’s counsel accepted the mediation outcome. The court examined whether the mediation settlement could justify granting bail despite the pending charges and considered the applicability of Section 482(2) of the BNS. Relying on the mediation report and the parties’ consent, the court allowed the bail application, directing that bail be granted on a bond of Rs.10,000 with two sureties, subject to compliance with the mediator‑approved agreement and Section 482(2).
Issues considered
- Whether a mediation settlement can be a basis for granting bail in a criminal case involving multiple offences.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to enlarge bail subject to conditions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 110, 115(2), 117(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 85
- D.P. Act — s. 3/4
Subjects
- bail
- mediation
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- dispute resolution
- surety
- arrest apprehension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1128 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- Bathnaha District- Araria
======================================================
Md. Anwarul son of Md. Irshad Resident of village- Fena Belahi, Ward no.
12, Ps- Bathanaha, Dist- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bibi Runa Khatoon Wife of Md. Anwarul Resident of village- Fena Belahi,
Ward no. 12, Ps- Bathanaha, Dist- Araria At P/A- Fulkaha bazar, Ward no. 6,
Ps- Fulkaha Dist- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
For Op2 : Mr. Gopal Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-06-2026 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 offences punishable under Sections 115(2), 126(2), 110,
118(2), 117(2), 85, 303(2), 352, 351(2) and 3(5) of BNS and 3/
4 of the D. P Act.
4. Earlier, the matter was referred to Patna High Court
Mediation and Conciliation Centre by order dated 07.04.2026
for resolution of dispute between the parties and in this regard, a
Patna High Court CR. MISC. No.1128 of 2026(4) dt.22-06-2026
2/2
report dated 16.05.2026 kept at flag ‘A’, 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 SDJM Araria in connection with
Bathnaha P. S. Case No. 94 of 2025, 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)
Koushik/Alok
Raj-
U T
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