Patna High Court
Suresh Chandra Sinha @ Suresh Chandra Prasad SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, directing release on bail subject to the stipulated conditions.
Summary
The petitioners, Suresh Chandra Sinha and Arvind Kumar, feared arrest in connection with a criminal case (Lohiyanagar PS Case No.20 of 2025) filed under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita. A mediation report indicated that the parties had settled the dispute and signed a Memorandum of Agreement on 22‑01‑2026, with the agreed amount refunded to the second opposite party. The State’s counsel confirmed compliance with the settlement. The Court, after considering the facts and submissions, allowed the petitioners’ bail application. It ordered that, if arrested or surrendered within six weeks, the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC.
Issues considered
- Whether bail can be granted to the petitioners despite pending criminal charges under Sections 316(2) and 318(4) of the BNSS.
- Whether the mediation settlement and refund of the agreed amount affect the continuance of the criminal proceedings.
- Whether the conditions of Section 482 of the BNSS and Section 438(2) of the CrPC are satisfied for granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- mediation settlement
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- Section 316
- Section 318
- Section 482
- Section 438
- apprehended arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32794 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
1. Suresh Chandra Sinha @ Suresh Chandra Prasad Sinha S/O Prem Chandra
Prasad Resident of Bahadurpur, PS- Samastipur, Distt-Samastipur
2. Arvind Kumar S/O Dinesh Chandra Prasad R/O Bahadurpur, PS-Samastipur,
Distt-Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. muntun kumar sinha S/o late krishna chandra verma, R/o - Baghi, ward no.-
25, P.S- lohiya nagar, distt- begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the State : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 17-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Lohiyanagar P.S. Case No. 20 of 2025 instituted under
Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita.
3. A mediation report has been received from the
Patna High Court Mediation Centre. The parties have settled
their disputes and they have signed the Memorandum of
Agreement at the Patna High Court Mediation Centre on
22.01.2026.
4. Learned counsel for the opposite party no. 2
Patna High Court CR. MISC. No.32794 of 2025(6) dt.17-02-2026
2/2
submits that the agreement has been honoured and the agreed
amount has been refunded to the opposite party no. 2.
5. Considering the aforesaid facts, this application is
allowed.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Begusarai/ concerned
Court in connection with Lohiyanagar P.S. Case No. 20 of 2025,
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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