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Patna High Court

Amit Kumar @ KalluversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional bail is granted conditionally, subject to surrender within two weeks and referral to mediation, with the possibility of making it absolute upon settlement.

Summary

Amit Kumar was arrested in connection with a case of assault on an informant, alleged to have involved a sharp weapon and charged under Sections 126(2), 115(2), 109 and 3(5) of the BNS. He filed a petition for pre‑arrest bail, contending that the parties could settle the dispute amicably. The Court examined the FIR, the bail application, and relied on the precedent set in Naushey Ali & Ors. v. State of Uttar Pradesh (2025) 4 SCC 78, which encourages mediation in such matters. The Judge directed that provisional bail be granted on the condition that the petitioner surrender to the District Court within two weeks and that the matter be referred to a mediator for possible settlement. If settlement is achieved, the bail may become absolute; otherwise, the petitioner will be taken into custody. The application was consequently disposed of with the conditional bail order.

Issues considered

  • Whether pre‑arrest bail should be granted in an assault case under the cited BNS sections
  • Whether an amicable settlement and mediation can justify the grant of provisional bail
  • Applicability of the Naushey Ali precedent to the present bail application

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 3(5)

Subjects

  • pre‑arrest bail
  • assault
  • mediation
  • settlement
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16182 of 2026
                   Arising Out of PS. Case No.-548 Year-2024 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Amit Kumar @ Kallu, S/O Late Ishwar Dayal, Resident of Sant Marry
                 Church, Buddha Colony, P.S-Buddha Colony, District- Patna.

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Nisha Kumari, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   30-04-2026                          Heard Mrs. Nisha Kumari, learned counsel

                   appearing on behalf of the petitioner and Mr. Sanjay Kumar

                   Singh, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Buddha Colony P.S. Case No. 548 of 2024 registered for

                   the offence punishable under Sections 126(2), 115(2), 109 and

                   3(5) of the BNS.

                                3. As per the allegation made in the FIR, petitioner

                   along with other accused persons, had assaulted the informant

                   and by means of sharp weapon, causing injuries.

                                4. I have perused the allegation made in the FIR and

                   the pleadings made in the bail application, I find that to buy

                   peace of mind, the parties negotiate with each other and arrive at

                   an amicable settlement in light of the law laid down by the Apex
Patna High Court CR. MISC. No.16182 of 2026(3) dt.30-04-2026
                                            2/3




          Court in the case of Naushey Ali & Ors. Vs. State of Uttar

          Pradesh & Anr. reported in (2025) 4 SCC 78..

                       5. For the aforesaid reason, the petitioner, above

          named, is directed to be released on provisional bail, on such

          terms and conditions as the learned District Court may deem fit

          and proper if he forthwith surrender before the learned District

          Court not beyond the period of two weeks or the interim

          protection granted to him shall lose its force.

                       6. Learned District Court is directed to take necessary

          steps to issue notices to the respective parties and upon their

          appearance, first refer the matter before the learned Mediator of

          the District Mediation Center by fixing a date for appearance of

          the parties to give effect to “Mediation for the Nation 2.0”

          considering the possibility of settlement outside the Court.

                       7. If the parties arrive at amicable settlement, the

          provisional bail granted to the petitioner shall be made absolute

          on the terms and conditions learned District Court deems fit and

          proper.

                       8. If the petitioner does not appear before the learned

          district court then the informant is at liberty to inform the Police

          and in that circumstances, the concerned Investigating Officer is

          directed to forthwith take the petitioner into custody.
              Patna High Court CR. MISC. No.16182 of 2026(3) dt.30-04-2026
                                                          3/3




                                     9. Accordingly, the present application stands

                        disposed of.

                                     10. Let a copy of this order be communicated to the

                        Member Secretary, Bihar State Legal Services Authority and the

                        Patna High Court Mediation Centre for the purpose of record.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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