Patna High Court
Deepu Pandey @ Subodh Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
If the compromise is genuine, the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS.
Summary
The petitioner, Deepu Pandey, applied for pre‑arrest bail in a case registered under Sections 126(2), 118(2), 109(1) and 303(2) of the BNS, alleging assault with a knife and robbery of Rs.12,000. He claimed innocence, a clean antecedent and that the matter had been compromised with the informant. The State opposed the bail. The Court, referring to the Apex Court’s decision in Naushey Ali v. State of U.P., held that a genuine compromise could justify bail and directed the District Court to verify the compromise and the petitioner’s criminal antecedent. If the compromise is found genuine, the petitioner is to be released on pre‑arrest bail on furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The order will lapse if the petitioner is found to have other pending cases.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite charges under Sections 126(2), 118(2), 109(1) and 303(2) of the BNS.
- Whether a compromise between the petitioner and the informant can be a ground for granting pre‑arrest bail.
- Whether the petitioner’s clean antecedent and alleged innocence justify bail.
Subjects
- pre‑arrest bail
- compromise
- criminal antecedent
- Section 482
- bail bond
- sureties
- assault
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87183 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- RASULPUR District- Saran
======================================================
Deepu Pandey @ Subodh Kumar Pandey, aged about 32 years, Male, S/o
Dadan Pandey, Resident of village - Banpura Pandey Tola, P.S.- Rasulpur,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Advocate
Mr. Harsh Pratap Yadav, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-01-2026 Heard Mr. Prabhakar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Ram Priya Sharan
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Rasulpur P.S. Case No. 167/2025 registered for the
offence(s) punishable under Section 126(2), 118(2), 109(1) and
303(2) of the BNS.
3. As per the allegation made in the FIR, the
petitioner had assaulted the informant by means of knife causing
injury and had also snatched Rs. 12,000/- cash from the
informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
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been implicated in the present case. He further submitted that
now the matter has been compromised between the petitioner
and the informant. Petitioner has clean antecedent. On these
grounds petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR. The conduct of the informant is not very
convincing, as he has entered into compromise with the
petitioner and after informant having entered into the
compromise, observation can be made with regard to the law
laid down by the Apex Court in case of Naushey Ali Vs. State
of U.P., reported in (2025) 4 SCC 78.
7. Learned District Court is directed to verify the
compromise petition (Annexure-P/3 to the bail petition) and if it
is found to be genuine, the petitioner, above named, is directed
to be released on pre-arrest bail, in the event of his 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) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-VI, Chapra /
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Concerned Court in connection with Rasulpur P.S. Case No.
167/2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Niraj/-
U T
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