Patna High Court
Suhel Khan @ Md. Suhail KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Sale Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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