Patna High Court
Bablu Mukhiya @ Bablu Kumar MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
Bail may be granted conditionally subject to the compromise being endorsed by the informant, otherwise the petitioner must surrender and seek regular bail.
Summary
Petitioner Bablu Mukhiya sought bail fearing arrest in a case (PS No.105/2024) involving offences under IPC sections 341, 323, 307, 379, 506/34 and Arms Act section 27. He asserted that the matter had been amicably settled with the accused, who are close relatives, and a compromise petition had been filed. The Court held that bail could be granted on the condition that the compromise is supported by the informant; if so, the petitioner must furnish a bail bond of Rs.10,000 with two sureties. If the informant does not support the compromise, the bail bond will not be accepted and the petitioner must surrender and apply for regular bail before the lower court. The order was directed to be communicated to the Principal District Judge for compliance.
Issues considered
- Whether bail can be granted pending trial when a compromise between the parties is alleged.
- Whether the support of the informant is a prerequisite for granting bail in such circumstances.
- Whether Section 482 of the Code of Criminal Procedure authorises the High Court to conditionally release the petitioner on bail.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 438(2), 482
- Indian Penal Code — s. 307, 323, 341, 379, 506/34
Subjects
- bail
- compromise
- IPC
- Arms Act
- Criminal Procedure
- anticipatory arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89992 of 2025
Arising Out of PS. Case No.-105 Year-2024 Thana- ANDHRAMATH District- Madhubani
======================================================
Bablu Mukhiya @ Bablu Kumar Mukhiya, aged about 26 years, Male, son of
Dhodhai Mukhiya @ Ghoghai Mukhiya, Resident of village Gadhiya, P.s.-
Andhramath, District-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramchandra Jha Raman, Advocate
For the State : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Andharamath P.S. Case No. 105 of 2024 instituted under
Sections 341, 323, 307, 379, 506/34 of the Indian Penal Code
and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the
petitioner and the accused are close relatives of each other and
the matter has been settled amicably between the parties and a
compromise petition has been filed.
4. This application is disposed of with liberty to the
petitioner to approach the Court below. If the compromise is
supported by the informant of the case then the Court below
Patna High Court CR. MISC. No.89992 of 2025(2) dt.04-02-2026
2/2
will release the petitioner in the event of arrest or surrender
before the Court below within ten 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 S.D.J.M.,
Jhanjharpur, District-Madhubani in connection with
Andhramath P.S. Case No. 105 of 2024, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
5. If the compromise is not supported by the
informant, then the bail bonds of the petitioner shall not be
accepted and in that event, the petitioner shall surrender and
pray for regular bail before the concerned Court.
6. Let a copy of this order be communicated to the
Principal District Judge, Madhubani/ concerned Court through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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