Patna High Court
Pramod Thakur @ Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioner is to be released on bail subject to the stipulated conditions.
Summary
Petitioner Pramod Thakur feared arrest in a criminal complaint (Case No. C‑31 of 2019) filed under Section 420 of the Indian Penal Code. The parties resolved their dispute through the Patna High Court Mediation Centre, signing a Memorandum of Agreement on 02‑12‑2025, which was acknowledged by the opposite party. The petitioner applied for bail, citing the settlement. The Court, noting the settlement, allowed the bail application and ordered release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the Bihar Negotiable Settlement Scheme and Section 438(2) of the Code of Criminal Procedure. The order also stipulated that the bail be granted if arrest or surrender occurs within six weeks of the order.
Issues considered
- Whether bail can be granted in a criminal case under Section 420 IPC when the parties have settled the dispute through mediation.
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420
Subjects
- bail
- settlement
- mediation
- IPC 420
- Criminal Procedure
- Bihar Negotiable Settlement Scheme
- criminal complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30204 of 2025
Arising Out of PS. Case No.-31 Year-2019 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
Pramod Thakur @ Pramod Kumar Son of Nagendra Thakur Resident of
village - Baganari, P.S.- Piprakothi, District - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dhrup Prasad Kushwaha Son of Sri Sudama Prasad Kushwaha Resident of
village - Dhangarha, P.S.- Dumariyaghat, District - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the Opposite party
no. 2.
2. The petitioner apprehends arrest in connection
with Complaint Case No. C-31 of 2019 instituted under Section
420 of the Indian Penal Code.
3. The parties have settled their dispute in the Patna
High Court Mediation Centre and the Memorandum of
Agreement has been signed by both of them on 02.12.2025.
5. Learned counsel for the opposite party no. 2 has
also supported this fact regarding the aforesaid settlement dated
02.12.2025.
Patna High Court CR. MISC. No.30204 of 2025(5) dt.24-02-2026
2/2
6. Considering the fact that the matter has been
settled between the parties in the Mediation Centre, this
application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Motihari, East Champaran/ concerned Court in
connection with Complaint Case No. C-31 of 2019, subject to
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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