Patna High Court
AMIT KUMAR @ WAKEEL YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners are entitled to pre‑arrest bail subject to bond and surety conditions, given the existence of a valid compromise settlement.
Summary
The petitioners, six members of the Yadav family from Bisun Bigha, were charged under multiple sections of the Indian Penal Code for assaulting an informant and his family with intent to kill. They applied for pre‑arrest bail, asserting that the dispute had been settled through a joint compromise petition filed on 04‑07‑2025 before the District Court. The State opposed the bail, but the High Court, relying on the compromise and the Supreme Court’s decision in Naushey Ali v. State of U.P., granted pre‑arrest bail subject to a bond and sureties. The Court directed the District Court to verify any other criminal antecedents, stating that the bail order would lapse if such antecedents were found. The bail application was consequently disposed of, with the petitioners released on bail if arrested within four weeks.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged under the IPC.
- Whether a joint compromise petition and settlement between the parties can justify the grant of pre‑arrest bail.
- Whether the principles laid down in Naushey Ali v. State of U.P. are applicable to the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 115, 117, 118, 126, 190, 191, 303, 351, 352
Subjects
- pre‑arrest bail
- compromise petition
- Indian Penal Code
- Section 482 CrPC
- assault
- settlement
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5103 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- IMAMGANJ District- Gaya
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1. AMIT KUMAR @ WAKEEL YADAV Son of Deva Yadav
2. Deva Yadav Son of Late Tetar Yadav
3. Satyendra Yadav Son of Late Manki Yadav
4. Sandeep Yadav @ Sandeep Kumar Son of Satyendra Yadav
5. Pramod Yadav @ Pramod Kumar Son of Satyendra Yadav
6. Dilip Yadav Son of Late Ratan Yadav
All are Resident of Village - Bisun Bigha, P.S.- Imamganj, District - Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-04-2026 Heard Mr. Nafisu Zzoha, learned counsel
appearing on behalf of the petitioners and Mr. Binod Kumar,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Imamganj P.S. Case No. 189/2025 registered for the
offence(s) punishable under Sections 191(2), 190, 126(2),
Patna High Court CR. MISC. No.5103 of 2026(3) dt.06-04-2026
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115(2), 118(1), 117(2), 109, 303(2), 352 and 351(3) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners had assaulted
the informant and his family members with an intention to kill,
causing injuries to them.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and there
is case and counter case between the parties. Learned counsel
further submitted that to buy peace of mind, the case has been
compromised between the parties and a duly sworn joint
compromise petition dated 04.07.2025 has also been filed before
the learned District Court. The compromise petition has been
brought on record by way of Annexure 4.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties and upon perusal of the allegations made in
the FIR, as well as, paragraph 13 of the bail application, wherein
specific information has been given that the petitioners and the
informant have settled their dispute and in this regard, they
have arrived at a mutual settlement on terms and conditions as
contained in settlement dated 04.07.2025 and a duly sworn joint
Patna High Court CR. MISC. No.5103 of 2026(3) dt.06-04-2026
3/3
compromise petition has also been filed before the learned
District Court and also considering the law laid down by the
Apex Court in case of Naushey Ali vs. State of U.P., reported
in, (2025) 4 SCC 78, the petitioners are directed to be released
on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their 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) each with two sureties of the like
amount each to the satisfaction of learned J.M.F.C. Sherghati
(Gaya) / Concerned Court in connection with Imamganj P.S.
Case No. 189/2025 , subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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