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Patna High Court

Ashok Kumar BaranwalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted pre‑arrest bail to the petitioner, subject to conditions, recognizing the compromise and the FIR delay.

Summary

Ashok Kumar Baranwal applied for pre‑arrest bail after the police registered a case (Kudra PS Case No. 140 of 2025) alleging offences under Sections 316(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 relating to the alleged unloading of a large consignment of grain. The FIR was filed on 26‑03‑2025 despite the alleged incident occurring on 25‑12‑2024, and the petitioner argued that the delay was unexplained and the matter had been settled between the parties through a commercial compromise. An affidavit for compounding the offence was filed before the Additional Chief Judicial Magistrate, Mohania. The State opposed the bail, but the court noted the commercial nature of the dispute, the compromise, the petitioner’s clean antecedents, and the FIR delay. Consequently, the court granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties, one of whom must be a close family member, and conditioned the order on Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • What is the effect of a commercial compromise and delay in filing the FIR on the grant of pre‑arrest bail?
  • Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite the pending charges under the Bharatiya Nyaya Sanhita, 2023?

Legislation cited

Subjects

  • pre‑arrest bail
  • FIR delay
  • commercial compromise
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • criminal procedure
  • compounding of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48541 of 2025
                   Arising Out of PS. Case No.-140 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
                 Ashok Kumar Baranwal Son of Shree Chanda Baranwal Resident of House
                 No 291/ A, Kotwali Nagar ke Pichhe, Maire Chawani, Sadar, Sultanpur City,
                 P.O. and PS- Sultanpur, Distt.- Sultanpur, U.P.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raja Ram Mishra, Adv.
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   21-01-2026                  Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. In pursuant to the order of this Court a

                   supplementary affidavit is being filed, which is taken on record.

                                3. The petitioner apprehends his arrest in connection

                   with Kudra P.S. Case No. 140 of 2025, registered for the

                   offences punishable under Sections 316(2), 318(4) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                4. The wife of the informant has been running a firm

                   in with the name of Sri Shyamji Enterprises and the informant

                   manages the affairs of the firm. Allegedly on 29.12.2024, a huge

                   quantity of grains were loaded on three trucks, which had been
Patna High Court CR. MISC. No.48541 of 2025(4) dt.21-01-2026
                                            2/3




          sold to M/s Overseas and the grains were to be unloaded in

          the godown of M/s Overseas at Karnal, but all the three trucks

          did not reach to the destination. On enquiry, the informant

          came to know that the petitioner, who is said to be owner of

          the vehicle in question, has unloaded all the grains at different

          places.

                       5. Learned Advocate appearing on behalf of the

          petitioner taking this Court through the FIR contended that the

          occurrence as alleged in the FIR took place on 25.12.2024, but

          surprisingly the present FIR came to be instituted on 26.03.2025

          without there being any plausible explanation for delay. In fact,

          the present FIR came to be instituted on a confusion; later on,

          the parties have settled the dispute, which has arisen on account

          of money transaction. An affidavit has also been filed before the

          Additional Chief Judicial Magistrate, Mohania for compounding

          the offence based upon the compromise. The aforesaid petition

          has brought on record by way of supplementary affidavit. It is

          lastly contended that the petitioner bears fair antecedent and he

          will fully cooperate in the proceeding of the Court.

                       6. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application.

                       7. Having considered the submissions advanced by
             Patna High Court CR. MISC. No.48541 of 2025(4) dt.21-01-2026
                                                         3/3




                       learned Advocate for the respective parties and taking note of

                       the fact that the dispute has arisen on account of some

                       commercial transaction which has now been compromised

                       between the parties, besides the petitioner bears fair antecedent

                       and the delay in lodging of the FIR, let the petitioner above

                       named be released on bail, in the event of his arrest or surrender

                       before the court below within a period of four weeks from the

                       date of receipt/production of a copy of this order, upon

                       furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       ACJM-I, Kaimur at Bhabhua in connection with Kudra P.S.

                       Case No. 140 of 2025, subject to the conditions laid down in

                       Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

                       with the further condition that one of the bailors shall be the

                       own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


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