Patna High Court
Suchita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that, in view of the mutual settlement and the precedent of Naushey Ali v. State of U.P., the petitioners are entitled to pre‑arrest bail.
Summary
The petitioners, who are related by family ties, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118(2), 109(1), 74, 303(2), 352, 351(2), 351(3) and 3(5) of the BNS, alleging that they assaulted the informant in a land‑dispute. The petitioners submitted that the dispute had been settled by a joint compromise dated 20‑08‑2025, which was filed before the Sub‑Divisional Judicial Magistrate. The State opposed the bail, arguing the seriousness of the offences. The Court, relying on the settlement and the Supreme Court’s decision in Naushey Ali v. State of U.P., granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of criminal antecedents by the District Court. The order also stipulated that the bail would lapse if the petitioners are found to be involved in other cases.
Issues considered
- Whether a pre‑arrest bail can be granted when the parties have entered into a joint compromise settlement in a criminal matter.
- Whether the Supreme Court precedent in Naushey Ali v. State of U.P. applies to the present case involving serious offences.
- Whether the nature of the offences under the BNS precludes the grant of bail prior to arrest.
Subjects
- pre‑arrest bail
- joint compromise settlement
- land dispute
- Section 482(2) of BNSS
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.567 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
1. Suchita Devi W/o Umesh Ray
2. Gudiya Devi W/o Pappu Ray
3. Budhan Ray Son of Ramnabuk Ray @ Ramtanuk Ray
4. Umesh Ray Son of Budhan Ray
All are R/o Village - Bind Bochaha, Ward no. 05, P.S. - Muhiuddin Nagar,
Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shadab Alam Wazdi, Advocate
Mr.Amit Kumar, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 02-04-2026 Heard Mr. Shadab Alam Wazdi along with Mr. Amit
Kumar, learned counsels appearing on behalf of the petitioners
and Mr. Uma Shankar Prasad Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Mohiuddin Nagar P.S. Case No. 106 / 2025 registered for
the offence(s) punishable under Sections 126(2), 115(2), 118(2),
109(1), 74,303(2),352,351(2),351(3),3(5) 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.
Patna High Court CR. MISC. No.567 of 2026(3) dt.02-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners and informant are own
Gotia and due to land dispute, the occurrence took place and
subsequent to that to buy peace of mind, they have
compromised on 20.08.2025 and a duly sworn joint compromise
petition has also been filed before the learned SDJM, Patori,
Samastipur. The compromise petition has been brought on
record by way of Annexure P/ 3.
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 11 of the bail application 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
20.08.2025 and a duly sworn joint compromise petition has also
been filed before the learned SDJM, Patori, Samastipur, 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.
Patna High Court CR. MISC. No.567 of 2026(3) dt.02-04-2026
3/3
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 S.D.J.M., Shahpur,
Patori Samastipur / Concerned Court in connection with
Mohiuddin Nagar P.S. Case No. 106 / 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.
(Purnendu Singh, J)
Sanjay/-
U T
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