Patna High Court
Markande SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court granted provisional bail to the petitioners, subject to conditions and mediation, and ordered the District Court to consider converting it to absolute bail upon settlement.
Summary
The petitioners, Markande Singh and Chunnu Singh, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 74, 352, 109 and 3(5) of the BNS, arising from a land‑registration dispute that led to alleged assault on the informant’s family. The FIR alleged that after the death of Ranjeet Singh, the petitioners assaulted the informant’s husband, son and the informant herself. The petitioners argued that the matter is essentially civil, the injuries are not to vital parts, and they have clean antecedents and are willing to settle amicably. The State opposed the bail. The Court, noting the civil nature of the dispute, the non‑vital injuries and the petitioners’ willingness to compromise, ordered provisional bail under Section 438(2) Cr.P.C. and directed the District Court to facilitate mediation as per the Mediation Act, 2023, and to convert the bail to absolute if settlement is reached.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged assault and other offences under the BNS.
- Whether the dispute is of a civil nature warranting mediation rather than continued criminal prosecution.
- Whether the nature of injuries and the petitioners’ antecedents justify bail under Section 438 Cr.P.C.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- civil dispute
- mediation
- Section 438 Cr.P.C.
- Section 482 BNSS
- land registration conflict
- non‑vital injuries
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25453 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
1. Markande Singh S/O Late Ranjeet Singh R/O Village- Hirpur, P.S-
Kundwachainpur, Distt.- East Champaran.
2. Chunnu Singh S/O Late Bhairo Singh R/O Village- Hirpur, P.S-
Kundwachainpur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Prateek Tandon, learned counsel
appearing on behalf of the petitioners and Ms. Sharda Kumari,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Kundwachainpur P.S. Case No. 182/2025 registered for the
offence(s) punishable under Sections 126(2), 115(2), 74, 352,
109, 3(5) of the BNS.
3. As per the allegations made in the FIR, the
informant has stated that her husband had paid a sum of
Rs.1,42,000/- to Ranjeet Singh and Markandey Singh for the
purpose of registering a piece of land. However, during this
period, Ranjeet Singh passed away. Subsequently, when the
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informant requested Markandey Singh and his son, Aditya
Kumar, to proceed with the registration of the said land, they
became aggrieved. Thereafter, Markandey Singh along with
other co-accused persons allegedly assaulted the informant’s
husband and son. When informant went to the house of accused
persons, they also assaulted the informant and tried to outrage
the modesty of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that after death of the father of petitioner
no.1, the present FIR has been lodged against all the accused
including the petitioner no.1, who is son of late Ranjeet Singh
and his nephew, petitioner no.2. There is case and counter case
between the parties. The injury sustained by the injured is not on
the vital part of the body. Petitioners have clean antecedents.
However, on instruction, learned counsel submitted that the
matter is purely civil in nature and to buy peace of mind,
petitioners want to settle the dispute amicably outside the 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, as well as, having perused the allegation
made in the FIR and considering the fact that there is case and
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counter case between the parties and the injury sustained by the
injured is not on the vital part of the body, and also the fact that
the dispute appears to be civil in nature and the petitioners are
willing to compromise, the petitioners, named above, are
directed to be released on provisional bail on such terms and
conditions as the learned District Court deems it fit and proper,
subject to the conditions as laid down under Section 438(2)
Cr.P.C / 482(2) BNSS.
7. However, the learned District Court is directed to
examine the matter for settlement of the dispute outside the
court by way of mediation in light of the law laid down by the
Apex Court in cases of Paramjeet Batra v. State of
Uttarakhand, (2013) 11 SCC 673, Usha Chakraborty v. State
of West Bengal, (2023) 15 SCC 135 and S.N. Vijayalakshmi &
Ors. Vrs. The State of Karnataka and Anr. reported in (2025)
SCC Online SC 1575 and 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
Centre under the provision of Mediation Act, 2023 by fixing a
date for appearance of the parties to give effect to “Mediation
for the Nation 2.0”. In case the parties settle their dispute
amicably, the learned District Court concerned after being
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satisfied, shall make the provisional bail absolute on such terms
and conditions, as deems it fit and proper.
8. The bail 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)
Sanjay/-
U T
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