Created by Fuzzy Cloud

Patna High Court

Md. AnwarulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.