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Patna High Court

Anish Kumar Singh @ Chhotu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the facts do not satisfy the elements of Section 307 IPC and, in view of the parties' willingness to settle, the matter should be referred to mediation with interim protection and bail, leading to disposal of the application.

Summary

Anish Kumar Singh sought protection from arrest in a criminal case (Babura PS No.07 of 2025) alleging assault on a neighbour. He argued that the dispute could be settled amicably and cited the Supreme Court’s decision in Naushey Ali v. State of UP. The High Court examined the nature of the injuries, the weapon used, and the applicability of Section 307 IPC, concluding that the facts did not constitute an attempt to murder. Relying on the Apex Court’s guidance, the Court ordered the parties to appear before the District Court and be referred to the District Mediation Centre for settlement, granting interim protection and directing pre‑arrest bail. The application was disposed with directions for mediation and possible withdrawal of the criminal case if settlement is achieved.

Issues considered

  • Whether the alleged offences, particularly under Section 307 IPC, are substantiated given the nature of injuries and weapon used.
  • Whether an amicable settlement between the parties warrants quashing or staying the criminal proceedings.
  • Whether the court can direct mediation and grant pre‑arrest bail in such circumstances.

Legislation cited

Subjects

  • amicable settlement
  • pre‑arrest bail
  • mediation
  • Section 307 IPC
  • attempt to murder
  • criminal procedure
  • settlement of criminal cases
  • quashing proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.73646 of 2025

                        Arising Out of PS. Case No.-7 Year-2025 Thana- BABURA District- Bhojpur
                 ======================================================
                 Anish Kumar Singh @ Chhotu Singh aged about 25 years old (male), son of
                 Satyendra Narayan Singh, Resident of Ward No.- 8, Village and Post- Fuhan,
                 barhara, P.S- Babura, District.- Bhojpur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Akash Shankar, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   26-02-2026                          Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Babura P.S. Case No. 07 of 2025 registered under Sections

                   126(2), 115(2), 117(2), 303(2), 117(3)(4) and 3(5) of the B.N.S.

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

                   accused persons including the petitioner had entered into the

                   house of the informant and had assaulted him causing multiple

                   injuries.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that there is case and counter case between
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          the parties arising out of the same incidence and the petitioner

          side had also sustained injuries. He further submitted that the

          petitioner is the one, who has caused injury on the person of the

          informant but not on the vital part of the body as would appear

          from the injury report. He further submitted that informant is his

          neighbour and petitioner finds that the dispute can be settled

          amicably between the parties outside the court instead of

          fighting criminal cases. Petitioner doesn't want to proceed with

          the criminal case arising out of Babura P.S. Case No. 08 of 2025

          and he expects that the informant will also not proceed with the

          present case. Learned counsel submitted that to 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 counsel appearing on behalf of the

          petitioner and 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 parties,

          on instructions, submitted that the parties have agreed to appear

          before the learned District Court at 10:30 A.M. on 17.03.2026.
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                       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
                                  (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
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                                  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.
                                  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.-
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                                  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
                                  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 parties have willingly desired to appear

          before the learned District Court on or before 17.03.2026, so

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

                       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 four months, till then, no coercive action shall

          be taken against the petitioner in connection with the 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 17.03.2026 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
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                        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

                        is 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

                        present application stands disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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