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Patna High Court

Mahesh Yadav @ Mahesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted pre‑arrest bail to the petitioner, subject to bond and conditions, based on the mutual compromise and applicable law.

Summary

Mahesh Yadav applied for pre‑arrest bail in a case (Bakhtiyarpur P.S. Case No. 269/2025) involving offences under Sections 126(2), 329(4), 109, 352, 3(5) of the BNS and Section 27 of the Arms Act, where the FIR alleged assault with intent to kill. The petitioner claimed innocence and said that he and the informant, who are agnates, had reached a mutual settlement, filing a joint compromise petition on 17‑02‑2026. The State opposed the bail. The Court, relying on the settlement and the Supreme Court’s decision in Naushey Ali v. State of U.P. (2025) 4 SCC 78, ordered that the petitioner be released on pre‑arrest bail subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the BNSS. The Court also directed the District Court to verify any other criminal antecedents, stating that the bail order would lapse if such antecedents are found. The bail application was disposed of with the grant of pre‑arrest bail.

Issues considered

  • Whether a pre‑arrest bail can be granted in a case involving serious offences when the parties have reached a compromise.
  • Whether the settlement and the precedent set by Naushey Ali v. State of U.P. justify granting bail despite the nature of the charges.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 109, 126(2), 329(4), 3(5), 352
  • BNSS — s. 482(2)

Subjects

  • pre‑arrest bail
  • compromise petition
  • Section 482
  • serious offences
  • Arms Act
  • settlement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20404 of 2026
                    Arising Out of PS. Case No.-269 Year-2025 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Mahesh Yadav @ Mahesh Singh, Son of Rambriksh Ray @ Rambriksh
                 Yadav, Resident of village- Chakdaulat, Ps- Bakhtiyarpur, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                            Heard Mr. Sudish Kumar,              learned counsel

                   appearing on behalf of the petitioner and Mr. Mritunjay Kumar

                   Nirala, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Bakhtiyarpur P.S. Case No. 269/2025 registered for the

                   offence(s) punishable under Sections 126(2), 329(4), 109, 352,

                   3(5) of the BNS and Section 27 of the Arms Act.

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

                   persons named therein including the petitioner had assaulted the

                   informant and his family members with an intention to kill,

                   causing injuries to them.

                                 4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioner is innocent. Both the

                   parties are agnate. Learned counsel further submitted that to buy
Patna High Court CR. MISC. No.20404 of 2026(2) dt.08-04-2026
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          peace of mind, with the intervention of the relatives, well-

          wishers and friends, the case has been compromised between

          the parties and a duly sworn joint compromise petition dated

          17.02.2026 has also been filed before the learned District Court.

                        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 and upon perusal of the allegations made in

          the FIR, as well as, the fact that the petitioner and the informant,

          who are agnate, have settled their dispute and in this regard,

          they have arrived at a mutual settlement on terms and conditions

          as contained in settlement dated 17.02.2026 and a duly sworn

          joint compromise petition has also been filed before the learned

          District Court and also considering 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.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest 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
              Patna High Court CR. MISC. No.20404 of 2026(2) dt.08-04-2026
                                                          3/3




                        each to the satisfaction of learned Addl. Chief Judicial

                        Magistrate, Barh, Patna / Concerned Court in connection with

                        Bakhtiyarpur P.S. Case No. 269/2025 , subject to the conditions

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

                                     8. The learned District Court is directed to verify the

                        criminal antecedent of the petitioner and if it is found that the

                        petitioner is 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.

                                     9. The bail application stands disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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