Created by Fuzzy Cloud

Patna High Court

Santosh Kumar Yadav @ Santosh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court grants interim pre‑arrest bail and orders the matter to be referred to mediation, holding that settlement does not preclude bail and that continuing the trial would be an abuse of process.

Summary

The petitioner, Santosh Kumar Yadav, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 109 and 3(5) of the BNS, alleging that he was falsely implicated in an assault on an informant. He asserted that he and the informant are agnates and expressed a desire to settle the dispute amicably, relying on the Supreme Court’s decision in Naushey Ali v. State of Uttar Pradesh. The State opposed the bail but agreed to allow an opportunity for settlement. The Court, after examining the FIR and the parties’ submissions, held that the alleged offences do not fall within the gravest categories such as Section 307 IPC and that proceeding with trial would be a misuse of process when the parties have resolved the matter. Accordingly, the Court directed the petitioner to appear before the District Court for mediation, granted interim pre‑arrest bail subject to conditions, and disposed of the bail application.

Issues considered

  • Whether pre‑arrest bail can be granted when the parties seek an amicable settlement.
  • Whether the alleged offences under the BNS and IPC warrant denial of bail.
  • Whether a settlement and mediation can lead to quashing of criminal proceedings.

Legislation cited

Subjects

  • pre‑arrest bail
  • amicable settlement
  • mediation
  • criminal procedure
  • IPC 307
  • settlement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69850 of 2025
                      Arising Out of PS. Case No.-69 Year-2025 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Santosh Kumar Yadav @ Santosh Yadav S/o Late Ram Prasad Yadav Resident
                 of Village- Chanpipar, Ward No. 11, P.S.- Bhaptiyahi, District Suapul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kamal Kishore Singh, Advocate
                 For the Opposite Party/s :       Ms.Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   20-02-2026                  Heard Mr. Kamal Kishore Singh, learned counsel

                   appearing on behalf of the petitioner and Ms. Gulnar Begum,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bhaptiyahi P.S. Case No. 69/2025 registered for the

                   offence(s) punishable under Sections 126(2),115(2),109,3(5), of

                   the BNS.

                                3. As per the allegation made in the FIR, the petitioner

                   along with the other accused assaulted the informant and his

                   family members.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the present case. Learned counsel

                   submitted that petitioner and the informant are agnates and to
Patna High Court CR. MISC. No.69850 of 2025(3) dt.20-02-2026
                                            2/7




          buy peace of mind, petitioner wants to settle the dispute

          amicably outside the Court 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.

                       5. Learned APP appearing on behalf of the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       6. Learned counsel appearing on behalf of the

          petitioner, on instructions, submitted that the petitioner has

          agreed to appear before the learned District Court at 10:30 A.M.

          on or before 27.03.2026.

                       7. Heard the parties

                       8. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR, I am of the opinion that an opportunity is

          required to be given to the parties to settle their score amicably

          outside the Court.

                          9. In this regard, I find it apt to take note of the

          observation made by the Apex Court recently in case of

          Naushey Ali (supra), in paragraph nos. 11 to 20, which are

          reproduced hereinafter:

                                                “11. Before we apply this judgment to
                                  the facts, it will be worthwhile to recall the
                                  observations of Sikri, J. in Narinder Singh
Patna High Court CR. MISC. No.69850 of 2025(3) dt.20-02-2026
                                            3/7




                                  (supra):-
                                  "26. Having said so, we would hasten to add that
                                  though it is a serious offence as the accused
                                  person(s) attempted to take the life of another
                                  person/victim, at the same time the court cannot be
                                  oblivious to hard realities that many times whenever
                                  there is a quarrel between the parties leading to
                                  physical commotion and sustaining of injury by
                                  either or both the parties, there is a tendency to give
                                  it a slant of an offence under Section 307 IPC as
                                  well..."
                                                                   (Emphasis supplied)
                                  12. Coming back to Laxmi Narayan (supra), this
                                  Court has held that mere mention of Section 307
                                  IPC in the FIR or the charge-sheet should not be the
                                  basis for adopting a hands-off approach. It has
                                  further held that it would be open for the court to
                                  examine as to whether incorporation of Section 307
                                  IPC is there for the sake of it or whether there is
                                  evidence to back it. It has been held that the courts
                                  may go by the nature of injuries sustained; as to
                                  whether the injuries are inflicted on the vital/
                                  delicate parts of the body and the nature of weapon
                                  used. It has also been clarified that such an exercise
                                  would be permissible after investigation and filing
                                  of chargesheet/framing of charges or during the
                                  trial. [See 15.4 of Laxmi Narayan (supra)].
                                  13. Coming to the facts of the case, admittedly, there
                                  is a settlement between the parties. The case filed by
                                  the appellants' party which was prior in point of
                                  time and that too on the same day of occurrence,
                                  has been settled.
                                  14. It should be recalled that, at the outset, after
                                  investigation, the police actually closed the case in
                                  its final report of 07.09.1991. It was the trial Court,
                                  which by its order of 05.09.1992, refused to accept
                                  the same and summoned the appellants. The
                                  incident is of 11.08.1991, i.e. about 33½ years back.
                                  No doubt, there is a reference to the firing in the FIR
                                  but admittedly there was no injury. The allegation is
                                  that firing was done by Abdul Waris. He is since
                                  deceased. The facts, assuming to be true, also do not
                                  make out a case of common object for the appellants
                                  under Section 149 IPC insofar as the offence of
                                  Section 307 is concerned.
                                  15. The role attributed to the seven members,
                                  including the five appellants is not specific. General
                                  allegation was that they abused in filthy language
                                  and assaulted Mahmood with lathi and iron bars.
Patna High Court CR. MISC. No.69850 of 2025(3) dt.20-02-2026
                                            4/7




                                  The specific individual role was only attributed to
                                  Adbul Waris, who is since deceased.
                                  16. In any event, the police who investigated
                                  disbelieved the entire story. No recoveries have been
                                  made of any pellets. What engaged the attention of
                                  the High Court was only the fracture of the head of
                                  the distal phalanx of left finger of respondent No.2.
                                  17. We have seen the injuries sustained by
                                  Mahmood (R-2) from the medical evidence
                                  collected. From the injury report, it is clear that
                                  while the first four injuries were contusions and
                                  abrasions, injury Nos. 5, 6 and 7 pertained to
                                  incised lacerated wound and swelling on the middle
                                  finger of the left hand. We have also seen the x-ray
                                  report which shows that in the left hand there was a
                                  fracture of the head of distal phalanx of left ring
                                  finger. Assuming that this was the result of injury
                                  with lathis or iron bar, applying the test in Laxmi
                                  Narayan (supra), considering the injury and the
                                  nature of the weapon used, certainly no offence
                                  under Section 307 IPC is made out.
                                  18. Section 307 of IPC reads as under:-
                                  "307. Attempt to murder.-
                                  Whoever does any act with such intention or
                                  knowledge, and under such circumstances that, if he
                                  by that act caused death, he would be guilty of
                                  murder, shall be punished with imprisonment of
                                  either description for a term which may extend to
                                  ten years, and shall also be liable to fine; and if hurt
                                  is caused to any person by such act, the offender
                                  shall be liable either to imprisonment for life, or to
                                  such punishment as is hereinbefore mentioned.
                                  Attempts by life convicts.- When any person
                                  offending under this section is under sentence of
                                  imprisonment for life, he may, if hurt is caused, be
                                  punished with death."
                                  19. Keeping in mind the surrounding circumstances,
                                  the nature of the weapon and the nature of the
                                  injury, on facts, we are inclined to conclude that the
                                  overt act attributed to the appellants does not bring
                                  the case within the four corners of the Section 307
                                  of IPC, either on a stand-alone basis or as held
                                  above with the aid of Section 149 of IPC.
                                  20. We are also inclined to conclude that
                                  considering the overall circumstances, the nature of
                                  the weapon and the nature of the injury (fracture of
                                  the head of distal phalanx of left ring finger), the
                                  offence alleged, on facts, does not fall in that
Patna High Court CR. MISC. No.69850 of 2025(3) dt.20-02-2026
                                            5/7




                                  category of cases where the court should deny relief
                                  in the event of a settlement. At the highest, the
                                  offence alleged could be one under Section 326 of
                                  IPC. It could not be said, on facts, considering all
                                  the circumstances that this is a crime which has
                                  such an harmful effect on the public and that it has
                                  the effect of seriously threatening the well-being of
                                  the society. We make it clear that we are saying so
                                  on the facts of the present case. We are also firmly of
                                  the opinion that proceeding with the trial, when
                                  parties have amicably resolved the dispute in the
                                  present case, would be futile and the ends of justice
                                  require that the settlement be given effect to by
                                  quashing the proceedings. It would be a grave abuse
                                  of process to let this trial remain pending under the
                                  above circumstances, particularly when the dispute
                                  is settled and resolved.”



                       10. The petitioner has willingly desired to appear

          before the learned District Court on or before 27.03.2026, so

          that the matter can be referred to the District Mediation Centre.

                       11. 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.

                       12. Learned Mediator of the District Mediation Center

          concerned, upon appearance of the parties, shall make his/her

          best efforts to settle the dispute amicably and thereafter submit

          his/her report before the concerned learned District Court, well

          within a period of three months, till then, no coercive action

          shall be taken against the petitioner in connection with the
Patna High Court CR. MISC. No.69850 of 2025(3) dt.20-02-2026
                                            6/7




          aforesaid case.

                       13. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court, the petitioner is required to be released on pre-

          arrest bail on such terms and conditions as the learned District

          Court deems it fit and proper.

                       14. In case of failure on the part of the petitioner to

          appear on or before 27.03.2026 before the learned District Court

          or any date fixed by the learned Mediator, the interim protection

          granted to the petitioner shall automatically lose its force.

                       15.    In case, it is deliberate on the part of the

          informant to reconcile, then in that case, the interim protection

          granted to the petitioner shall continue and the trial shall

          proceed in accordance with law.

                       16. In case, the parties fail to reconcile, then in that

          case, parties may avail appropriate remedy. Then also, petitioner

          are directed to be released on pre-arrest bail on such terms and

          conditions as the learned District Court deems it fit and proper.

                       17. If both the parties arrive at amicable settlement,

          then they must withdraw the criminal cases, if any, which they

          have lodged against each other.

                       18.    With aforesaid direction and observation, the
           Patna High Court CR. MISC. No.69850 of 2025(3) dt.20-02-2026
                                                       7/7




                     present application stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.