Patna High Court
Md. Sajib Khan @ Md. Sajeev KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Sajib Khan, sought anticipatory bail fearing arrest in Mahila Police Station Case No. 60 of 2024, which involved offences under several sections of the Indian Penal Code and Section 3 of the DP Act. Both parties informed the court that the dispute had been settled through the Patna High Court Mediation Centre, with a Memorandum of Agreement signed on 10 February 2026. Considering the settlement and the circumstances, the court examined whether anticipatory bail could be granted despite the pending charges. The court held that the application for anticipatory bail should be allowed, subject to standard bail conditions. Accordingly, the petitioner was directed to furnish bail bonds of Rs.10,000 with two sureties, to be released if arrested or surrendered within four weeks, under the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case where the parties have reached a settlement through mediation.
- Whether the pending charges under IPC sections 498A, 323, 379, 504, 506, 494, 34 and Section 3 of the DP Act preclude the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482
- DP Act — s. 3
- Indian Penal Code — s. 323, 34, 379, 494, 498, 504, 506
Subjects
- anticipatory bail
- mediation settlement
- Indian Penal Code
- DP Act
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12729 of 2025
Arising Out of PS. Case No.-60 Year-2024 Thana- MAHILA PS District- Darbhanga
======================================================
Md. Sajib Khan @ Md. Sajeev Khan Son of Late Md. Wasiur Rahman Khan
@ Wasiur Rahman Khan Resident of Village - Rasulganj Koeli, P.S - Nanpur,
District - Sitamadhi, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sajiya Khanm Wife of Md. Sajib Khan @ Md. Sajeev Khan and Daughter of
Rijwan Ahamad Khan Present residing at Village - Chakrahmad (Bhigo),
P.S. - Laherisarai, District - Darbhanga (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra
For the Opposite Party/s : Mr. Humayou Ahmad Khan
For the O.P. No. 2 : Ms. Kanchan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 17-02-2026 Heard the learned counsel for the petitioner, learned
counsel for the State and the learned counsel for the O.P. No. 2.
2. The petitioner apprehends arrest in connection with
Mahila P.S. Case No. 60 of 2024 registered for offences under
Sections 498A, 323, 379, 504, 506, 494, 34 of the Indian Penal
Code and Section ¾ of the DP Act.
3. The learned counsels for both the parties have
jointly submitted that the matter has been settled between the
parties in the Patna High Court Mediation Centre and the
Memorandum of Agreement has been signed on 10.02.2026.
4. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.12729 of 2025(4) dt.17-02-2026
2/2
of the case, this application for anticipatory bail is allowed.
5. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned S.D.J.M.,
Darbhanga/concerned Court below in connection with Mahila
P.S. Case No. 60 of 2024 subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U
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