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Patna High Court

Om Prakash Rai @ Om Prakash RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the pre‑arrest bail application, directing the District Court to consider regular bail and to facilitate mediation if the parties so desire.

Summary

The petitioner, Om Prakash Rai, applied for pre‑arrest bail in a case registered under several sections of the BNS. The High Court noted the serious nature of the allegations and the petitioner’s admitted enmity with the informant, and therefore directed that the petitioner may seek regular bail before the District Court. The Court also referred to the Supreme Court’s decision in Naushey Ali v. State of Uttar Pradesh, encouraging the parties to consider amicable settlement through mediation. Accordingly, the District Court was instructed to pass an order on regular bail and, if desired, to initiate mediation proceedings. The bail application was ultimately disposed of by the High Court.

Issues considered

  • What is the appropriate relief for a petitioner seeking pre‑arrest bail in light of serious allegations and prior enmity with the informant?
  • Whether the petitioner should be directed to seek regular bail before the District Court?
  • Whether mediation under the guidelines of Naushey Ali v. State of Uttar Pradesh is applicable in this criminal dispute?

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76

Subjects

  • pre‑arrest bail
  • regular bail
  • mediation
  • criminal procedure
  • Bihar
  • enforced settlement
  • court‑ordered mediation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61904 of 2025
                        Arising Out of PS. Case No.-6 Year-2025 Thana- BABURA District- Bhojpur
                 ======================================================
                 Om Prakash Rai @ Om Prakash Ray Son of Jhalaku rai R/o Village - Babura,
                 P.S. - Babura, Dist. - Bhojpur at Ara(Bihar).

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   11-02-2026                    Heard Mr. Uday Kumar, learned counsel appearing

                   on behalf of the petitioner and Mr. Anuj Kumar Shrivastava,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Babura P.S. Case No. 6 of 2025, registered for the offence

                   punishable under Sections 126(2), 115(2), 109, 76, 303(2), 352,

                   351(2) and 3(5) of the BNS.

                                3. Considering the nature of allegation made in the

                   FIR and admitted previous enmity with the informant, the

                   petitioner, if so advised, may seek regular bail before the learned

                   District Court.

                                4. The learned District Court is directed to pass a

                   necessary order, in accordance with law, on the basis of

                   materials available on record, on the same day, the bail
              Patna High Court CR. MISC. No.61904 of 2025(4) dt.11-02-2026
                                                          2/2




                        application is filed, without being prejudiced by the order dated

                        26.06.2025 passed in A.B.P. NO. 1335 of 2025.

                                     5. It is also open to the respective parties to settle their

                        dispute outside the Court amicably in light of the law laid down

                        by the Apex Court in the case of Naushey Ali & Ors. Vs. State

                        of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78.

                                     6. If the parties desire to resolve the dispute outside

                        the Court amicably by way of mediation, learned District Court

                        is directed to take necessary steps to issue notices to the

                        respective parties and upon their appearance, refer the matter

                        before the learned Mediator of the District Mediation Center by

                        fixing a date for appearance of the parties to give effect to

                        Mediation 2.0.

                                     7. Accordingly, the present bail application stands

                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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