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Patna High Court

Manoj GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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