Patna High Court
Satya Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- PURNENDU SINGH
Holding
The court held that the settlement between the parties precludes cancellation of bail and ordered release on bail under Section 482(2) of the BNSS.
Summary
The petitioner sought cancellation of bail that had been granted to the second opposite party, Dr. Setubandhu Tiwary, in a criminal miscellaneous case. Both parties informed the court that the dispute had been settled between them. The court directed the parties to file a joint affidavit in the district court within four weeks confirming their settlement. Upon verification, the district court was instructed to release the petitioner on bail, subject to a bond of Rs.10,000 and two sureties, and subject to Section 482(2) of the BNSS. The application for cancellation of bail was therefore consigned, and the bail release conditions were set.
Issues considered
- Whether the bail granted to the opposite party can be cancelled in view of the parties' settlement
- Whether the court can direct release on bail under Section 482(2) of the BNSS after a settlement
Legislation cited
- BNSS — s. 482(2)
Subjects
- bail cancellation
- settlement
- joint affidavit
- Section 482
- criminal miscellaneous
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33101 of 2025
Arising Out of PS. Case No.-50 Year-2019 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Satya Prakash Kumar son of Dr. Anuj Kumar Village -jahana Aanail, P.s-.
Akbarpur, Dist- Nawada At P/A- C/o- Ram Balak Prasad, Ground floor,
Adarsh Colony, Naya tola, Kummhrar, Sampatchak, Ps- Agamkuan, Dist-
Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dr. Setubandhu Tiwary Son of shambu Tiwary Village- Sahiyara, Po-
Sahiyara, Ps- Sahiyara, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramji Kumar, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
9 10-04-2026 Heard Mr. Ramji Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur,
learned A.P.P. for the State.
2. The present application has been filed for
cancellation of bail granted to the O.P. No. 2 by this Court vide
order dated 29.01.2025 passed in Criminal Miscellaneous No.
61993 of 2024.
3. At the outset, it has been informed by the
respective parties that the matter has been kept at rest between
them.
4. Considering the aforesaid information, the parties
Patna High Court CR. MISC. No.33101 of 2025(9) dt.10-04-2026
2/2
may file their joint affidavit before the learned District Court
within a period of four weeks.
5. The learned District Court after verifying the
affidavit, is satisfied that the parties have arrived at mutual
settlement and have put quietus to the litigation that they don't
want to proceed with the prosecution then the petitioner is
forthwith directed to be released on bail in the event of his/her
arrest or surrender before the learned District Court within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Complaint Case
No. 50 of 2019, subject to the condition as laid down under
Section 482(2) of the BNSS.
6. Accordingly, the present application is consigned.
(Purnendu Singh, J)
Niraj/-
U T
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