Patna High Court
Manoj GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that where a genuine mutual settlement has been effected, pre‑arrest bail may be granted, subject to the trial court’s verification of the accused’s criminal antecedents.
Summary
The petitioners, four residents of Raghunathpur, were implicated in an FIR (Case No. 356/2025) for assaulting an informant and his family over a land dispute, charged under Sections 126(2), 115(2), 118(2), 109, 351(2) and 3(5) of the BNS. They filed a pre‑arrest bail application, asserting that the parties had reached a mutual compromise outside court, documented in a sworn settlement dated 24‑12‑2025, and that the injuries were minor. The State opposed the bail, but the Court examined the compromise and the Supreme Court’s decision in Naushey Ali v. State of U.P. (2025) 4 SCC 78. Relying on that precedent, the Court directed that the petitioners be released on pre‑arrest bail, subject to the District Court’s verification of any criminal antecedents. The order will lapse automatically if the petitioners are found to have other pending cases.
Issues considered
- Whether a pre‑arrest bail can be granted when the accused have entered into a compromise settlement in a case involving offences under Sections 126(2), 115(2), 118(2), 109, 351(2) and 3(5) of the BNS.
- Whether the existence of a sworn joint compromise petition affects the discretion of the court to grant bail.
- Whether the Supreme Court precedent in Naushey Ali v. State of U.P. is applicable to the present bail application.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2)
Subjects
- pre‑arrest bail
- compromise settlement
- land dispute
- criminal procedure
- Bihar
- Supreme Court precedent
- Sections 126,115,118,109,351,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15130 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
1. Manoj Giri S/o- Late Asharfi Giri R/v- Raghunathpur Ps- Raghunathpur
Dist- East Champaran
2. Arbind Pandey S/o- Julum Pandey R/v- Raghunathpur Ps- Raghunathpur
Dist- East Champaran
3. Manish Giri S/o- Virendra Giri R/v- Raghunathpur Ps- Raghunathpur Dist-
East Champaran
4. Niraj Giri S/o- Vidya Giri R/v- Raghunathpur Ps- Raghunathpur Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard Mr. Bhola Prasad, learned counsel appearing
on behalf of the petitioners and Mr. Nirmal Kumar Sinha,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Raghunathpur P.S. Case No. 356/2025 registered for the
offence(s) punishable under Sections 126(2), 115(2), 118(2),
109, 351(2), 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners and 20-25
unknown persons have assaulted the informant and his family
Patna High Court CR. MISC. No.15130 of 2026(2) dt.25-03-2026
2/3
members, who sustained injuries. Reason behind the incident is
the land dispute.
4. Learned counsel appearing on behalf of the
petitioners submitted that both the parties to buy peace of mind
have entered into compromise, considering the nature of
allegation primarily to be of civil nature and specific
information in this regard has been given in paragraph no.9 of
the bail application. The compromise petition has been brought
on record by way of Annexure P/ 2, which is dated 24.12.2025.
He further submitted that the compromise petition duly sworn
by the parties will be filed before the learned District Court,
where the case is pending. Learned counsel, otherwise, also
submitted that all the injuries sustained by the injured is simple
in nature as per the opinion of the doctor and, as such, the
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, as well as, paragraph no.9 of the bail
application, wherein specific information has been given that
the petitioners and the informant have settled their dispute
Patna High Court CR. MISC. No.15130 of 2026(2) dt.25-03-2026
3/3
outside the court and in this regard, they have arrived at a
mutual settlement on terms and conditions as contained in
settlement dated 24.12.2025. In case, the petitioners file a duly
sworn joint compromise petition before the learned District
Court then in that case, considering the nature of allegation, as
well as, the law laid down by the Apex Court in case of
Naushey Ali vs. State of U.P., reported in, (2025) 4 SCC 78, the
petitioners are directed to be released on pre-arrest bail, on such
terms and conditions, as the learned District Court deems it fit
and proper.
7. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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