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Patna High Court

AMIT KUMAR @ WAKEEL YADAVversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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

                 ======================================================
           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
                                            2/3




          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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