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Patna High Court

Balmiki @ Balmiki PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional bail subject to a bond, sureties and the condition of mediation under Section 482(2) of the BNSS.

Summary

The petitioner, Balmiki Paswan, was charged under Sections 126(2), 115(2), 118, 109(1), 74, 351 and 352(2) of the Bihar Negotiable Statutes (BNS) for allegedly assaulting an informant and her brother‑in‑law with a sword with intent to kill. He applied for pre‑arrest bail, arguing that the dispute between the co‑villagers was admitted and could be settled amicably. The Court observed that the petitioner had not made a strong case for bail but, relying on the principle of dispute resolution in Naushey Ali v. State of Uttar Pradesh, ordered provisional bail with a bond of Rs 10,000 and two sureties. The bail was conditioned on compliance with Section 482(2) of the Bihar Negotiable Settlement Statutes (BNSS) and the parties were directed to appear before a mediator under the “Mediation for the Nation 2.0” scheme. If an amicable settlement is reached, the provisional bail may be made absolute. The application was consequently disposed of.

Issues considered

  • Whether pre‑arrest bail should be granted in offences punishable under Sections 126(2), 115(2), 118, 109(1), 74, 351 and 352(2) of the BNS.
  • Whether the Court can condition bail on mediation under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • pre‑arrest bail
  • mediation
  • criminal procedure
  • assault with deadly weapon
  • Section 482
  • dispute resolution
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18987 of 2026
                      Arising Out of PS. Case No.-169 Year-2024 Thana- NALANDA District- Nalanda
                 ======================================================
                 Balmiki @ Balmiki Paswan, S/o Shankar Paswan, Resident of Village-
                 Pachwara, P.S.- Nalanda, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                      Heard Mr. Raj Kishor Prasad, learned counsel

                   appearing on behalf of the petitioner and Mr. Aditya Narayan

                   Singh.1, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Nalanda P.S. Case No. 169 of 2024 registered for the

                   offence punishable under Sections 126(2), 115(2), 118, 109(1),

                   74, 351 and 352(2) of the BNS.

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

                   along with other accused persons, had assaulted the informant

                   and her brother-in-law by means of sword, causing injuries on

                   the different parts of their body, with an intention to kill.

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

                   the pleadings made in the bail application, I don't find that the

                   petitioner has made out any case for grant of bail. However,
Patna High Court CR. MISC. No.18987 of 2026(2) dt.08-04-2026
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          considering that there is admitted dispute between the parties

          and earlier also, the informant had lodged case against the

          petitioner, who are co-villagers, I find that to buy peace of mind,

          they may negotiate with each other and arrive at an amicable

          settlement in light of the law laid down by the Apex 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, in the

          event of his/her arrest or surrender before the learned District

          Court within a period of four weeks from today, on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          District Court where the case is pending, in connection with

          Nalanda P.S. Case No. 169 of 2024, subject to the condition as

          laid down under Section 482(2) of the BNSS.

                       6. Learned District Court is directed to take necessary

          steps to issue notices to the respective parties and upon their

          appearance, 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”.

                       7. If the parties arrive at amicable settlement, the
              Patna High Court CR. MISC. No.18987 of 2026(2) dt.08-04-2026
                                                          3/3




                        provisional bail granted to the petitioner shall be made absolute

                        on the terms and conditions learned District Court deems fit and

                        proper.

                                     8. Accordingly, the present application stands

                        disposed of.

                                     9. 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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