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Patna High Court

Md. Shaukat Ali @ Mohammad Saukat AliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that where the dispute is essentially civil and the parties have compromised, the petitioner is entitled to pre‑arrest bail, subject to the conditions imposed under Section 482(2) of the BNSS.

Summary

Md. Shaukat Ali applied for pre‑arrest bail in a case registered under several sections of the Bihar Negotiable Statutes (BNS). During the pendency of the bail application, the petitioner and the informant reached a compromise, documented by a jointly signed petition dated 17‑01‑2026. The court examined the Supreme Court decision in Naushey Ali & Ors. v. State of Uttar Pradesh (2025) 4 SCC 78, which holds that when a dispute is essentially civil and the parties have compromised, criminal proceedings may be quashed. Relying on that precedent, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The district court was instructed to verify the petitioner’s criminal antecedents, and the bail order would lapse automatically if any other pending case is discovered. The order thus grants bail with conditions and leaves open the possibility of revocation.

Issues considered

  • Whether a compromise between the informant and the petitioner in a criminal case warrants the grant of pre‑arrest bail and possible quashing of proceedings.
  • Whether Section 482(2) of the BNSS applies to the bail order in the present circumstances.

Legislation cited

Subjects

  • pre‑arrest bail
  • compromise
  • civil dispute
  • Section 482
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61121 of 2025
                       Arising Out of PS. Case No.-85 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
                 Md. Shaukat Ali @ Mohammad Saukat Ali, Aged about 49 Years, Male, Son
                 of Mohammad Ajim @ Aazim Miyan @ Md. Azim, Resident of village-
                 Lahangiya, Lohra Tola, P.S.- Kasma, District- Aurangabad (Bihar)
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shakib Ayaz, Advocate
                 For the Informant        :        Mrs. Mukul Kumari, Advocate
                 For the State            :        Mr. Lakshmi Kant Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

7   11-02-2026                     Heard Mr. Shakib Ayaz, learned counsel appearing

                   on behalf of the petitioner; Mrs. Mukul Kumari, learned counsel

                   appearing on behalf of the informant and Mr. Lakshmi Kant

                   Sharma, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Kasma P.S. Case No. 85 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 109(1), 351(2),

                   351(3), 352, and 3(5) of the BNS.

                                 3. Learned counsel appearing on behalf of the

                   petitioner informs that during the pendency of the present bail

                   application, with the intervention of the relatives, well-wishers

                   and friends, the parties have compromised.

                                 4. The Apex Court in the case of Naushey Ali & Ors.

                   Vs. State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78
            Patna High Court CR. MISC. No.61121 of 2025(7) dt.11-02-2026
                                                        2/2




                      has held that where dispute is primarily civil in nature and to

                      buy peace of mind, the informant and the the petitioner have

                      compromised, the further proceeding can be quashed. In the

                      present case, the petitioner has brought on record the

                      compromise petition dated 17.01.2026, jointly signed by the

                      parties, by way of supplementary affidavit.

                                   5. In view of such circumstances, the petitioner, above

                      named, is directed to be released on pre-arrest bail, in the event

                      of his/her 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) with two sureties

                      of the like amount each to the satisfaction of the learned District

                      Court where the case is pending, in connection with Kasma P.S.

                      Case No. 85 of 2025, subject to the condition as laid down

                      under Section 482(2) of the BNSS.

                                   6. The learned District Court is directed to verify

                      the criminal antecedent of the petitioner as stated in

                      paragraph no. 3 of the bail application. If any other case is

                      pending against the petitioner as what has been stated in

                      paragraph no. 3, this order will lose its force automatically.


                                                        (Purnendu Singh, J)
Niraj/-
U       T


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