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Patna High Court

Arun Bind @ Arun KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court directed the District Court to adjudicate the compromise petition considering the case background and allowed provisional pre‑arrest bail to the petitioner.

Summary

Arun Bind, a 22‑year‑old, filed a criminal case after his father was assaulted by a neighbour. The informant’s side subsequently lodged a false FIR against Arun, leading both parties to file FIRs against each other. The parties later settled the dispute through mediation and filed a joint compromise petition in the District Court. The Patna High Court directed the District Court to consider the compromise, taking into account the background, the ages of the parties, and relevant precedents. It also ordered that Arun, who already had interim protection, be provisionally released on pre‑arrest bail pending the District Court’s final decision. The bail application was therefore disposed of.

Issues considered

  • What is the appropriateness of allowing a compromise petition in a criminal matter where both parties have lodged FIRs against each other?
  • Whether the petitioner is entitled to pre‑arrest bail pending adjudication of the compromise petition.

Subjects

  • mediation
  • compromise petition
  • criminal case
  • pre‑arrest bail
  • neighbor dispute
  • false allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78105 of 2025
                        Arising Out of PS. Case No.-263 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Arun Bind @ Arun Kumar, aged about 22 years, S/o Viraje Bind R/o Village-
                 Horilbigha, PS- Hilsa, Distt- Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    X D/o Y R/o Horilbigha, P.S.- Hilsa, Distt.- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gajanan Mishra, Advocate
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   07-04-2026                   Heard learned counsel appearing on behalf of the

                   petitioner, learned APP for the State and learned counsel for the

                   informant.

                                2. At the outset, learned counsels appearing on behalf

                   of the respective parties inform this Court that the parties have

                   settled their dispute outside the Court by way of mediation and

                   to that effect, they have filed a joint compromise petition dated

                   10.12.2025 before the learned District Court.

                                3. Record reveals that both the parties are known to

                   each-other and they are neighbour. The petitioner is aged about

                   22 years and the father of the petitioner, who was brutally

                   assaulted by the informant’s side had lodged a criminal case

                   bearing Hilsa P.S. Case No.255 of 2025 and subsequent to the
Patna High Court CR. MISC. No.78105 of 2025(4) dt.07-04-2026
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          same, on the basis of false allegation, the present FIR has been

          lodged against the petitioner.

                       4. This Court directs the learned District Court to

          adjudicate      upon      the    compromise          petition,   taking   into

          consideration the background of the case, wherein both parties

          have lodged FIRs against each other. It is also taken note that

          the petitioner is aged about 22 years and the victim is aged

          about 14 years and there can be some sort of relationship

          leading to commission of offence, which was objected by the

          parents of the informant. Considering this aspect also, the

          learned District Court is directed to examine the case in light of

          the observation made by the Madras High Court in the case of

          Vijayalakshmi & Anr. vs. State Rep. by the Inspector of Police

          & Anr. reported in (2021) SCC OnLine Mad 317 and law laid

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

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

          pass a reasoned order.

                       5. As the petitioner is already having interim

          protection, the learned District Court may provisionally release

          the petitioner on pre-arrest bail on such terms and conditions, as

          the learned District Court deems it fit and proper, till the learned

          District Court finally adjudicates the matter.
           Patna High Court CR. MISC. No.78105 of 2025(4) dt.07-04-2026
                                                       3/3




                                  6. The bail application, accordingly, stands disposed

                     of.


                                               (Purnendu Singh, J)

Sanjay/-

U      T


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