Patna High Court
Kulwant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court exercised its inherent powers under Section 482 BNSS and Section 438(2) CrPC to grant bail to the petitioner.
Summary
The petitioner, Kulwant Singh, a brother‑in‑law of the complainant, feared arrest in connection with Complaint No. 12200 of 2024 filed under Sections 85, 76, 109, 316(2) and 3(5) of the Bharatiya Nyaya Sanhita. He applied for bail, citing that mediation proceedings were already underway between the complainant’s husband and the parties. The court considered the pending mediation and the petitioner’s familial relationship with the complainant. Relying on the inherent powers of the court under Section 482 of the BNSS and the anticipatory bail provision of Section 438(2) of the CrPC, the judge ordered bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and was to be executed within six weeks of the order.
Issues considered
- Whether bail should be granted to the petitioner pending investigation and trial under the Bharatiya Nyaya Sanhita and the CrPC
- Whether the existence of mediation proceedings influences the court’s discretion to grant bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 316(2), 3(5), 482, 76, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal procedure
- mediation
- Bharatiya Nyaya Sanhita
- Section 482
- Section 438
- arrest apprehension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81089 of 2025
Arising Out of PS. Case No.-12200 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Kulwant Singh Son of Sri Balwant Singh Resident of Mohalla - Yarpur, P.S. -
Gardanibagh , Dist. - Patna, Bihar. Alleged residence - Mohalla - Mall ke
Kachari, Chhote Nagla, Gopalji Ka Bagiccha, Mobile Tower Campus, Patna
City, P.S. - Malsalami, Dist. - Patna, 800008.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shaishav Kumar, Advocate
For the State : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-03-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the complainant.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 12200 (C) of 2024 instituted under
Sections 85, 76, 109, 316(2) and 3(5) of the Bharatiya Nyaya
Sanhita.
3. The petitioner is the brother-in-law (Nandosi) of
the complainant.
4. The husband of the complainant has also appeared.
5. It has been informed to this Court that a mediation
proceeding is going on in the case of the husband.
6. In these circumstances, this application is allowed.
Patna High Court CR. MISC. No.81089 of 2025(4) dt.13-03-2026
2/2
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Patna/ concerned Court in connection with
Complaint Case No. 12200 (C) of 2024, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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