Patna High Court
Tuntun PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail is granted to the petitioners subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Tuntun Prasad and his son Niranjan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 318(4), 319(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections 66(C) and 66(D) of the Information Technology Act. They claimed the underlying dispute had been settled through mediation, attaching the mediator’s report dated 05.05.2026 and a demand draft of Rs. 38,000 paid to the opposite party. The opposite party accepted the payment and did not contest the settlement. The Court, after considering the settlement and payment, granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties, within eight weeks of the order, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also stipulated compliance with the Chief Judicial Magistrate of Katihar.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under the Bharatiya Nyaya Sanhita and the IT Act where the parties have reached a mediated settlement
- Whether the payment of settlement amount and acceptance by the opposite party justify the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 3(5), 61(2)
- Information Technology Act — s. 66(C), 66(D)
Subjects
- anticipatory bail
- mediation settlement
- cyber crime
- IT Act
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3259 of 2026
Arising Out of PS. Case No.-19 Year-2025 Thana- Cyber P.S. District- Katihar
======================================================
1. Tuntun Prasad S/O Indradev Prasad Resident of Village- Nayachak,
Manoharpur, Near Canara Bank, Patna, Police Station- Ramkrishnanagar,
District- Patna
2. Niranjan Kumar @ Mahavir S/O Tuntun Prasad Resident of Village-
Nayachak, Manoharpur, Near Canara Bank, Patna, Police Station-
Ramkrishnanagar, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shivam Kumar S/O Shankar Sah Resident of Village- Bareta, Post Office-
Bareta, Mistri Tola, Police Station- Falka, District- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P.
For the Informant : Mr. Jay Ram Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 23-06-2026 Heard learned counsel for the parties.
2. The petitioners apprehend arrest in a case registered
for the offences punishable under Sections 318(4), 319(2),
61(2), 3(5) of the Bharatiya Nyaya Sanhita and Sections
66(C)/66(D) of the Information Technology Act.
3. Learned counsel for the petitioners submits that the
dispute between the parties has already been resolved through
the process of mediation vide Mediator’s Report dated
05.05.2026 and terms of settlement mutually agreed upon by the
parties is attached with the Mediator’s Report kept at Flag ‘M’.
Patna High Court CR. MISC. No.3259 of 2026(5) dt.23-06-2026
2/2
Furthermore, learned counsel for the petitioners handed over the
Demand Draft of the remaining amount i.e. Rs. 38,000/- bearing
Draft No. 469784 to learned counsel for O.P. No. 2 in the Court
today itself.
4. Learned counsel for the O.P. No. 2 received the
Demand Draft and does not dispute the contention made on
behalf of the petitioners.
5. In view of the aforesaid facts and circumstances,
this anticipatory bail is allowed and it is ordered that in the
event of arrest/surrender within a period of eight weeks from
today, let the above-named petitioners be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Katihar in connection with
Katihar Cyber P. S. Case No. 19 of 2025, subject to the
conditions laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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