Patna High Court
Jaynarayan MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner subject to a bail bond, sureties and conditions under Section 482(2) of the BNSS Act, 2023.
Summary
The petitioner, Jaynarayan Mishra, was charged under Sections 126(2), 115(2), 316(2), 318(2), 352 and 351(2) of the Bihar Negotiable Sale Act, 2023 for allegedly cheating a landowner, failing to execute a sale deed, and assaulting the informant. The petitioner claimed that the dispute had been settled through mediation, submitting a District Mediation Centre report dated 10‑12‑2025. The State opposed the grant of pre‑arrest bail. After considering the mediation report and the parties' arguments, the High Court directed that the petitioner be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS Act, 2023. The court also directed the district court to verify any prior criminal antecedents, which could nullify the bail order. The order was communicated to the District Legal Services Authority and the Patna High Court Mediation Centre.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving cheating, fraud, and assault charges.
- Whether a mediation settlement report can be a basis for granting pre‑arrest bail.
- What conditions under Section 482(2) of the BNSS Act, 2023 must be imposed for bail.
Subjects
- pre‑arrest bail
- mediation settlement
- criminal law
- cheating
- assault
- Section 482
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61101 of 2025
Arising Out of PS. Case No.-361 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Jaynarayan Mishra S/o Ramapati Mishra R/o Village- Koirrgawan, P.S.-
Shikarpur, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vivek Kumar S/O-Mr. Munna Mishra, Circle-Koirgawan, P.S.-
Shikarpur,Dist-West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Aishwarya Shree, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
7 11-02-2026 Heard learned counsel appearing on behalf of the pe-
titioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Shikarpur P.S.Case No.361 of 2025, registered for the offences
punishable under Sections 126(2), 115(2), 316(2), 318(2), 352
and 351(2) of BNS, 2023.
3. As per the allegation made in the FIR, the
informant has been cheated by the petitioner on the pretext of
getting his land executed in the name of the informant. It has
been alleged that the petitioner neither executed the sale-deed
nor returned the money, as well as, the petitioner along with his
son assaulted the informant and threatened to kill him.
Patna High Court CR. MISC. No.61101 of 2025(7) dt.11-02-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that the parties have successfully settled
the dispute outside the court by way of mediation. The report of
the District Mediation Centre dated 10.12.2025 has been
brought on record by way of supplementary affidavit and the
information in this regard contained in paragraph no.2 of the
supplementary affidavit.
5. In view of the information as contained in
Paragraph no.2 of the supplementary affidavit, the report of the
District Mediation Centre dated 10.12.2025 is consigned.
6. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioner.
7. Having considered the rival submissions made on
behalf of the parties, as well as, the report of the District Media-
tion Centre dated 10.12.2025, the petitioner is directed to be re-
leased on pre-arrest bail, in the event of his arrest or surrender
before the learned district court within a period of four weeks
from today, on furnishing bail bond of Rs.10,000/- (Ten Thou-
sand) with two sureties of the like amount each to the satisfac-
tion of learned CJM, Shikarpur/concerned court, in connection
with Shikarpur P.S.Case No.361 of 2025, subject to conditions
as laid down under Section 482(2) of BNSS of 2023.
Patna High Court CR. MISC. No.61101 of 2025(7) dt.11-02-2026
3/3
8. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is 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. Let a copy of this order be communicated to the
District Legal Services Authority/Patna High Court Mediation
Centre for the purpose of record of nation for mediation 2.0.
(Purnendu Singh, J)
chn/-
U T
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