Patna High Court
Ashok Kumar BaranwalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)
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
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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
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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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