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Patna High Court

Shayam Mishra @ Shayam KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the second anticipatory bail petition, holding that the earlier rejection remains binding and a compromise does not affect bail for non‑compoundable offences.

Summary

Shayam Mishra petitioned for anticipatory bail in a case involving offences under sections 147, 149, 341, 323, 324, 307, 384, 379, 504 and 506 of the IPC. His first anticipatory bail application was rejected because he was alleged to have caused a stab wound resulting in grievous injury. He filed a second petition claiming that the matter had been compromised between the parties, that the incident was a free‑fight, and that he is now a Group ‘D’ employee of Indian Railways, arguing that imprisonment would not serve justice. The State opposed, contending that the earlier order cannot be revisited, that the offences are non‑compoundable, and that a compromise has no bearing on bail. Relying on precedents concerning the limited effect of compromise on non‑compoundable offences, the court held that the earlier rejection stands and denied the anticipatory bail.

Issues considered

  • Whether a compromise between the parties can justify granting anticipatory bail for non‑compoundable offences.
  • Whether the earlier order rejecting anticipatory bail can be reviewed in a fresh petition.
  • Whether the nature of the offences under the IPC precludes the effect of a private compromise on bail.

Legislation cited

Subjects

  • anticipatory bail
  • compromise
  • non‑compoundable offence
  • IPC
  • CrPC
  • Section 482
  • Article 142
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40755 of 2026
                   Arising Out of PS. Case No.-480 Year-2021 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Shayam Mishra @ Shayam Kumar S/o Rajendra Mishra Resident of Village -
                 Ward No.-04, Badhurupiya, P.O. and P.S. - Sugauli, District - East Champaran
                                                                                ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prateek Tandon, Advocate
                 For the Opposite Party/s :       Mr.Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. This is the second prayer of anticipatory bail, as

                   preferred by the petitioner in connection with Sugauli P.S. Case

                   No. 480 of 2021 registered for the offence under sections 147,

                   149, 341, 323, 324, 307, 384, 379, 504 & 506 of the I.P.C., after

                   rejection of his first anticipatory bail through Cr. Misc. No.

                   2413 of 2023 dated 09.02.2023, wherein considering all

                   available materials, as petitioner was specifically alleged to

                   cause stab wound due to which the injured sustained grievous

                   injury, his prayer of anticipatory bail was rejected.

                             3. The present second anticipatory bail petition has been

                   preferred on the sole ground that now this matter was

                   compromised between the parties in terms of Annexure ‘P/2’.

                             4.    It is submitted by learned counsel appearing on
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          behalf of the petitioner that the occurrence was free-fight in

          nature and petitioner’s side had also received injury during the

          occurrence.

                   5. It is further submitted that now the petitioner selected

          in Group ‘D’ service of Indian Railway, therefore, in view of

          compromise, by sending the petitioner to jail would not serve

          any purpose of justice. In support of his submission, learned

          counsel relied upon the legal report as available through

          Naushey Ali vs. State of U.P. reported in 2025 SCC OnLine

          SC 292, where learned counsel has referred Para-22 of the

          judgment, which runs as under:-

                         “22. In Ramgopal v. State of M.P. (2022) 14 SCC 531,
                       Surya Kant, J. speaking for this court, in a case
                       involving a charge under Section 326 IPC, while
                       annulling the proceedings, felicitously set out the
                       statement of law and applied it to the facts of the said
                       case as under:-

                                “19. We thus sum up and hold that as opposed
                            to Section 320 CrPC where the Court is squarely
                            guided by the compromise between the parties in
                            respect of offences “compoundable” within the
                            statutory framework, the extraordinary power
                            enjoined upon a High Court under Section 482
                            CrPC or vested in this Court under Article 142 of
                            the Constitution, can be invoked beyond the metes
                            and bounds of Section 320 CrPC. Nonetheless, we
                            reiterate that such powers of wide amplitude
                            ought to be exercised carefully in the context of
                            quashing criminal proceedings, bearing in mind:

                             19.1. Nature and effect of the offence on the
Patna High Court CR. MISC. No.40755 of 2026(2) dt.25-06-2026
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                            conscience of the society;

                             19.2. Seriousness of the injury, if any;

                             19.3 Voluntary nature of compromise between
                            the accused and the victim; and

                             19.4 Conduct of the accused persons, prior to
                            and after the occurrence of the purported offence
                            and/or other relevant considerations.

                             20. Having appraised the aforestated parameters
                            and weighing upon the peculiar facts and
                            circumstances of the two appeals before us, we
                            are inclined to invoke powers under Article 142
                            and quash the criminal proceedings and
                            consequently set aside the conviction in both the
                            appeals. We say so for the reasons that:

                              20.1. Firstly, the occurrence(s) involved in
                              these appeals can be categorised as purely
                              personal or having overtones of criminal
                              proceedings of private nature.

                              20.2. Secondly, the nature of injuries incurred,
                              for which the appellants have been convicted,
                              do not appear to exhibit their mental depravity
                              or commission of an offence of such a serious
                              nature that quashing of which would override
                              public interest.

                              20.3. Thirdly, given the nature of the offence
                              and injuries, it is immaterial that the trial
                              against the appellants had been concluded or
                              their appeal(s) against conviction stand
                              dismissed.

                              20.4. Fourthly, the parties on their own
                              volition, without any coercion or compulsion,
                              willingly and voluntarily have buried their
                              differences and wish to accord a quietus to
                              their dispute(s).

                              20.5. Fifthly, the occurrence(s) in both the
                              cases took place way back in the years 2000
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                              and 1995, respectively. There is nothing on
                              record to evince that either before or after the
                              purported compromise, any untoward incident
                              transpired between the parties.

                              20.6. Sixthly, since the appellants and the
                              complainant(s) are residents of the same
                              village(s) and/or work in close vicinity, the
                              quashing of criminal proceedings will advance
                              peace, harmony, and fellowship amongst the
                              parties who have decided to forget and forgive
                              any ill will and have no vengeance against
                              each other.

                              20.7. Seventhly, the cause of administration of
                              criminal justice system would remain un-
                              effected on acceptance of the amicable
                              settlement between the parties and/or resultant
                              acquittal of the appellants; more so looking at
                              their present age.”



                   6.    Learned A.P.P. for the State, while opposing the

          prayer of anticipatory bail of the petitioner, submitted that

          considering all available materials, the prayer of first

          anticipatory bail of the petitioner was rejected and, therefore,

          there is no occasion to reconsider this second prayer of

          anticipatory bail of the petitioner without having any changed

          circumstances, which would amount to review of earlier order

          passed by learned coordinate Bench of this Court, which is not

          permissible under law.

                   7. It is also submitted by learned A.P.P. that the offence,

          as alleged, is not compoundable in nature and, therefore,
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                     compromise is of no bearing.

                              8. In view of aforesaid factual submission and by taking

                     note of the fact as prima facie on the basis of subsequent

                     compromise for non-compoundable offence, the earlier rejection

                     order, which was passed by one of the learned coordinate Bench

                     of this Court, cannot be reviewed by this Court, accordingly, on

                     second consideration also, prayer of anticipatory bail of the

                     petitioner stands rejected.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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