Patna High Court
Shyam PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioners, subject to bond conditions and verification of criminal antecedents, relying on the compromise and the precedent that civil‑nature disputes may be quashed.
Summary
The petitioners, five members of the Paswan family, applied for pre‑arrest bail in a case registered under Sections 341, 323, 324, 325, 504 and 34 of the Indian Penal Code. During the pendency of the bail application, the parties reached a compromise, documented by a jointly signed compromise petition dated 24‑02‑2026. The court relied on the Supreme Court decision in Naushey Ali & Ors. v. State of Uttar Pradesh (2025) 4 SCC 78, which permits quashing of proceedings where the dispute is essentially civil and the parties have settled. Accordingly, the High Court ordered that the petitioners be released on pre‑arrest bail, subject to a bail bond of Rs.10,000 with two sureties and verification of any pending criminal antecedents. The order also invoked Section 482(2) of the relevant procedural law, directing the District Court to confirm the absence of other pending cases, failing which the bail order would lapse.
Issues considered
- Whether a pre‑arrest bail can be granted when the parties have reached a compromise in a criminal case.
- Whether the compromise renders the criminal proceedings liable to be quashed under Section 482(2).
- Whether the documented compromise petition is sufficient to justify bail without further investigation.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 323, 324, 325, 34, 341, 504
Subjects
- pre‑arrest bail
- compromise
- IPC offences
- Section 482
- civil dispute
- bail bond
- verification of antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7618 of 2026
Arising Out of PS. Case No.-59 Year-2024 Thana- BAHADURPUR District- Darbhanga
======================================================
1. Shyam Paswan, aged about -48 years, Gender-Male, son of Late Mahendra
Paswan
2. Bittu Paswan aged about 19 years, Gender- Male, Son of Shyam Paswan
3. Rudal Paswan @ Vidya Sagar Paswan aged about 23 years, Gender- Male,
son of Shyam Paswan
4. Lakshman Paswan aged about -45 years, Gender- Male, Son of Late
Mahendra Paswan
5. Manohar Paswan aged about 42 years, Gender- Male, son of Late Mahendra
Paswan
All Resident of Village -Nahar Tola, Barheta Kherajpur, P.S- Bahadurpur
District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 22-04-2026 Heard Mr. Baidyanath Prasad, learned counsel
appearing on behalf of the petitioners and Mrs. Renu Kumari,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Bahadurpur P.S. Case No. 59 of 2024 registered for the
offence punishable under Sections 341, 323, 324, 325, 504 and
34 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the
petitioners informs that during the pendency of the present bail
Patna High Court CR. MISC. No.7618 of 2026(3) dt.22-04-2026
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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
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 petitioners have brought on record the
compromise petition dated 24.02.2026, jointly signed by the
parties, by way of supplementary affidavit.
5. In view of such circumstances, the petitioners,
above named, are directed to be released on pre-arrest bail, in
the event of their 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) each with two
sureties of the like amount each to the satisfaction of the learned
District Court where the case is pending, in connection with
Bahadurpur P.S. Case No. 59 of 2024, 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 petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
Patna High Court CR. MISC. No.7618 of 2026(3) dt.22-04-2026
3/3
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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