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Patna High Court

Dasai RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Dasai Ram, who is not named in FIR No.337 of 2024, feared arrest in a case involving sections 406, 420, 467‑471 and 120B of the IPC. The main accused, Ramesh Kumar, had been granted provisional bail and the dispute was settled through a mediation report filed before the court. The petitioner sought anticipatory bail, arguing innocence and that the settlement removed any likelihood of his involvement. The State opposed the relief. Considering that the main accused was already on bail, a settlement existed, and the petitioner’s name does not appear in the FIR, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Surakshna Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR but implicated during investigation.
  • Whether the existence of a mediation settlement and provisional bail to the main accused precludes the grant of anticipatory bail to the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • mediation settlement
  • provisional bail
  • IPC offences
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2001 of 2026
                        Arising Out of PS. Case No.-337 Year-2024 Thana- RAMPUR District- Gaya
                 ======================================================
                 Dasai Ram Son of Sri Deep Lal Ram Resident of C/o Samundari Devi,
                 Chandpur BMela, Anil Bhawan Lane, Phulwari, P.S.- Jakkanpur, Patna-
                 800001

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajan Ghoshrave, Adv
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, APP
                 For the Informant                Mr. Dhirendar Kumar Sinha, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 406, 420, 467, 468,

                   469, 470, 471 and 120B of the Indian Penal Code.

                                3. From perusal of the FIR, it appears that the main

                   accused is one Mr. Ramesh Kumar. The petitioner is not named

                   in the FIR and his name has subsequently come up during the

                   course of investigation.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel for the petitioner has placed order

                   dated 06.01.2026 passed in Cr. Misc. No. 89461 of 2024 which
Patna High Court CR. MISC. No.2001 of 2026(2) dt.28-01-2026
                                            2/3




          has been filed at the behest of Mr. Ramesh Kumar, which shows

          that in pursuance of earlier order dated 18.08.2025 passed in the

          said case, the main accused Mr. Ramesh Kumar was given

          provisional bail, which was further extended for four months

          and the matter was thereafter referred to Mediation Center to

          settle the dispute. The said order dated 06.01.2026 passed in Cr.

          Misc. No. 89461 of 2024 further reveals that Mediation report

          was placed on record before the co-ordinate Bench of this

          Court. From perusal of which, it transpired that the parties had

          settled their dispute in terms of the conditions contained in the

          Mediation report. In order to comply with the said terms and

          conditions of the settlement, the co-ordinate Bench of this Court

          had extended the provisional bail of the main accused Mr.

          Ramesh Kumar and the matter is to be again listed on

          09.03.2026.

                        5. Learned A.P.P for the State opposes the prayer for

          anticipatory bail of the petitioner.

                        6. Considering the facts that the main accused Mr

          Ramesh Kumar is already on provisional bail and that the

          informant and the main accused Mr. Ramesh Kumar have

          reached at settlement and that the petitioner is not even named in the

          FIR, I am inclined to grant privilege of anticipatory bail to the

          petitioner.
            Patna High Court CR. MISC. No.2001 of 2026(2) dt.28-01-2026
                                                        3/3




                                   7. Let the petitioner, as named above, in the event of

                      his arrest or surrender within four weeks from today, be

                      enlarged on bail 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 Chief Judicial Magistrate-

                      Gaya-II in connection with Rampur P.S.Case No. 337 of 2024

                      subject to the conditions laid down under section 482(2) of the

                      Bharatiya Nagarik Surakshna Sanhita, 2023.



                                               (Alok Kumar Sinha, J)
N.K/-

U       T


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