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Patna High Court

Suhel Khan @ Md. Suhail KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted pre‑arrest bail to the petitioner subject to bond, sureties and conditions, while directing verification of antecedents and mediation.

Summary

Petitioner Suhel Khan sought pre‑arrest bail in a case (Shahpur P.S. Case No. 16 of 2026) where he was charged under Sections 191(2), 191(3), 115(2), 352, 118(1) and 109 of the Bihar Negotiable Sale Act. The FIR alleged that he, along with others, assaulted an informant with intent to kill. The petitioner claimed innocence, stating that the parties were from the same village and had entered into a compromise, which was filed before the ACJM‑I, Bhojpur. The State opposed the bail, but the Court, after considering the compromise and the allegations, granted pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS. The Court also directed the District Court to verify the petitioner’s criminal antecedent and, if any, to vacate the bail order, and ordered mediation in line with the Supreme Court’s decision in Naushey Ali v. State of Uttar Pradesh. The bail application was disposed of, granting the bail.

Issues considered

  • The applicability of pre‑arrest bail under Section 438(2) Cr.P.C. in a case involving serious offences.
  • Whether a compromise between the parties can justify the grant of bail.
  • The relevance of Section 482(2) of the Bihar Negotiable Sale Act in the bail order.
  • The necessity of verifying the petitioner’s criminal antecedent before finalizing bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • compromise
  • mediation
  • Criminal Procedure Code
  • Bihar Negotiable Sale Act
  • Section 438
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30331 of 2026
                        Arising Out of PS. Case No.-16 Year-2026 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Suhel Khan @ Md. Suhail Khan S/o Haidar Khaa @ Haidar Khan R/o Village
                 - Bagahin, PS- Shahpur, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Khalid Faizan Khurshid, Advocate.
                 For the Opposite Party/s :        Mr. Abhay Kumar Roy, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-05-2026                        Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Shahpur P.S. Case No. 16 of 2026 registered under

                   Sections 191(2), 191(3), 115(2), 352, 118(1) and 109 of the

                   BNS.

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

                   accused persons including the petitioner with an intention to kill

                   assaulted the informant and his family members causing injuries

                   to them.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the present case on the basis of false

                   accusation. Learned counsel further submitted that the parties
Patna High Court CR. MISC. No.30331 of 2026(2) dt.13-05-2026
                                            2/3




          are of same village and have entered into compromis and the

          compromise petition filed before the ACJM-I, Bhojpur, Ara has

          been brought on record by way of Annexure-2.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R. and the fact that the parties have entered into

          compromise, the petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the Court below within a period of four weeks from

          today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned ACJM-I, Bhojpur, Ara in connection with Shahpur P.S.

          Case No. 16 of 2026, subject to the condition as laid down

          under Section 438(2) Cr.P.C / 482(2) BNSS.

                       7. The 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 Para-

          3 of the bail petition, this order will automatically lose its force.

                       8. Learned District Court is further directed to

          examine the matter for settlement of the dispute outside the
           Patna High Court CR. MISC. No.30331 of 2026(2) dt.13-05-2026
                                                       3/3




                     court by way of mediation, in light of the law laid down by the

                     Apex Court in case of Naushey Ali & Ors. Vs. State of Uttar

                     Pradesh & Anr. reported in (2025) 4 SCC 78 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 by fixing a date for appearance of the

                     parties to give effect to “Mediation for the Nation 2.0”.

                                  9. The bail application stands disposed of.

                                  10. 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)

mantreshwar/-

U      T


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