Patna High Court
Bibek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail subject to the conditions stipulated under Section 482(2) of the BNSS.
Summary
The petitioner, Bibek Kumar, filed a criminal miscellaneous petition seeking pre‑arrest bail in a case registered under Mahila P.S. No.9/2025. The petitioner and the informant resolved their dispute through mediation, executing a settlement on 16‑03‑2026, which was reported to the court on 17‑03‑2026. Relying on the settlement and the precedent set in Naushey Ali v. State of U.P. (2025) 4 SCC 78, the 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. The bail was conditioned under Section 482(2) of the BNSS and subject to the satisfaction of the Chief Judicial Magistrate, Patna. Consequently, the petition was disposed with the grant of pre‑arrest bail.
Issues considered
- Whether a settlement reached through mediation can justify the grant of pre‑arrest bail in a criminal miscellaneous proceeding.
- Whether Section 482(2) of the BNSS is applicable for directing pre‑arrest bail in the present case.
- Whether the precedent of Naushey Ali v. State of U.P. is applicable to the facts of this petition.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- mediation settlement
- criminal miscellaneous
- Section 482
- BNSS
- bail bond
- Naushey Ali precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68950 of 2025
Arising Out of PS. Case No.-9 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Bibek Kumar S/o Manoj Kumar R/o Mohalla- Patthar Gali, Khandar Par
(Khandak Par), P.S.- Bihar Sharif, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
For the informant : Mr. Gaurav Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
7 07-04-2026 Heard Mr. Pankaj Kumar, learned counsel appearing
on behalf of the petitioner; Mr. Rajendra Nath Jha, learned APP
for the State and Mr. Gaurav Singh, learned counsel for the
informant.
2. At the outset, learned counsels appearing on behalf
of the parties have jointly submitted that the dispute between the
parties has been resolved through the process of mediation on
mutually agreed terms and conditions, as contained in
settlement dated 16.03.2026 and a report dated 17.03.2026 to
that effect has been submitted by the learned Mediator of this
Court, which has been kept at Flag ‘M’.
3. Considering the aforesaid information that the
petitioner and the informant has settled their dispute amicably
Patna High Court CR. MISC. No.68950 of 2025(7) dt.07-04-2026
2/2
on mutually terms and conditions and to that effect, a report
dated 17.03.2026 has been submitted by the learned Mediator of
this Court, and in view of 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 petitioner is directed to be released 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/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned CJM, Patna/ Concerned Court in connection with Patna
Mahila P.S. Case No. 9/2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Purnendu Singh, J)
Sanjay/-
U T
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