Patna High Court

Md. Janul Haque @ Md. Jainul HaqueversusThe State of Bihar

Decided: 4 February 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The court held that, given the nature of the injuries and lack of evidence for an attempt‑to‑murder, the case does not fall within the serious offences contemplated under Section 307 IPC, and the parties may settle the dispute, warranting quashing of the proceedings and conditional bail.

Summary

The petitioners, eleven accused persons, were arrested in connection with a case registered under several sections of the Bihar Negotiable Statutes and the Indian Penal Code for assaulting an informant, his wife and brother and outraging the wife’s modesty. They claimed innocence and sought bail, expressing a desire to settle the dispute amicably. The State opposed the settlement, but the court, relying on the Supreme Court’s decision in Naushey Ali & Ors. v. State of Uttar Pradesh (2025) 4 SCC 78, examined the nature of the injuries and the applicability of Section 307 IPC, concluding that the facts did not substantiate an attempt‑to‑murder charge. The court directed that the parties appear before the District Court for mediation and that the petitioners be released on pre‑arrest bail subject to the outcome of the settlement. It ordered the matter to be referred to the District Mediation Centre and held that continuing the trial would be a grave abuse of process.

Issues considered

Whether the alleged offences, including attempt to murder under Section 307 IPC, are substantiated by the facts.
Whether an amicable settlement between the parties warrants quashing of the criminal proceedings and granting of bail.
Whether the court can direct mediation and conditional pre‑arrest bail in such a case.

Legislation cited

Indian Penal Code — s. 149, 307, 326

Subjects

bail
amicable settlement
mediation
attempt to murder
assault
IPC 307
IPC 326
pre‑arrest bail
criminal procedure

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90573 of 2025
Arising Out of PS. Case No.-225 Year-2025 Thana- Mufassil District- Purnia
======================================================
1. Md. Janul Haque @ Md. Jainul Haque S/o Late Abdul Mannan Resident of -
Baghwa, P.O - Rautara, P.S - Ranipatara, District - Purnia
2. Md. Masir @ Md. Mansir Alam S/o Late Md. Suleman Resident of -
Baghwa, P.O - Rautara, P.S - Ranipatara, District - Purnia
3. Shamsha Ali @ Shamsher Ali S/o Late Md. Suleman Resident of - Baghwa,
P.O - Rautara, P.S - Ranipatara, District - Purnia
4. Md. Akbar S/o Late Md. Suleman Resident of - Baghwa, P.O - Rautara, P.S -
Ranipatara, District - Purnia
5. Md. Samad @ Md. Samed S/o Md. Masir Resident of - Baghwa, P.O -
Rautara, P.S - Ranipatara, District - Purnia
6. Md. Tohid S/o Md. Masir Resident of - Baghwa, P.O - Rautara, P.S -
Ranipatara, District - Purnia
7. Md. Hussain S/o Md. Masir Resident of - Baghwa, P.O - Rautara, P.S -
Ranipatara, District - Purnia
8. Barajahan @ Bar Jahan S/o Late Israfil Resident of - Baghwa, P.O - Rautara,
P.S - Ranipatara, District - Purnia
9. Saiful Haque S/o Md. Jainul Haque Resident of - Baghwa, P.O - Rautara, P.S
- Ranipatara, District - Purnia
10. Md. Iliyas @ Md. Ilyas S/o Md. Lokman Resident of - Baghwa, P.O -
Rautara, P.S - Ranipatara, District - Purnia
11. Md. Shahabuddin @ Md. Shahbuddin S/o Md. Ilyas Resident of - Baghwa,
P.O - Rautara, P.S - Ranipatara, District - Purnia

... ... Petitioner/s
Versus
The State of Bihar

... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP.
For the Informant : Md. Kamran, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER

2 04-02-2026 At the outset, learned counsel appearing on behalf of

the petitioners seeks to withdraw the prayer for bail on behalf of

petitioner no.11 submitting that he has been arrested during the
Patna High Court CR. MISC. No.90573 of 2025(2) dt.04-02-2026
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pendency of the present bail application. Accordingly, the prayer

for bail on behalf of petitioner no.11 stands dismissed as

withdrawn.

2. Heard learned counsel appearing on behalf of the

petitioner nos. 1 to 10, learned APP appearing on behalf of the

State and learned counsel for the informant.

3. The petitioner nos. 1 to 10 apprehend their arrest

in connection with Muffasil P.S. Case No. 225 of 2025

registered under Sections 126(2), 115(2)(, 109(1), 303(2), 76,

351(2) and 3(5) of the BNS.

4. As per the allegation made in the FIR, all the

accused persons including the petitioners assaulted the

informant, his wife and brother causing them injury and also

outraged the modesty of the wife of the informant.

5. Learned counsel appearing on behalf of the

petitioners submitted that petitioners are innocent and they have

falsely been implicated in the present case. Learned counsel

submitted that to buy peace of mind, petitioners want to settle

the dispute amicably outside the Court in light of the law laid

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

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

6. Learned APP appearing on behalf of the State and
Patna High Court CR. MISC. No.90573 of 2025(2) dt.04-02-2026
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learned counsel for the informant submitted that a chance be

given to the parties for amicable settlement outside the court.

7. Learned counsel appearing on behalf of the parties,

on instructions, submitted that the petitioners and the informant

have agreed to appear before the learned District Court at 10:30

A.M. on 12.02.2026.

8. Heard the parties

9. Having considered the rival submissions made on

behalf of the parties, as well as, having perused the allegation

made in the FIR, I am of the opinion that an opportunity is

required to be given to the parties to settle their score amicably

outside the Court.

10. In this regard, I find it apt to take note of the

observation made by the Apex Court recently in case of

Naushey Ali (supra), in paragraph nos. 11 to 20, which are

reproduced hereinafter:

“11. Before we apply this judgment to
the facts, it will be worthwhile to recall the
observations of Sikri, J. in Narinder Singh
(supra):-
"26. Having said so, we would hasten to add that
though it is a serious offence as the accused
person(s) attempted to take the life of another
person/victim, at the same time the court cannot be
oblivious to hard realities that many times whenever
there is a quarrel between the parties leading to
physical commotion and sustaining of injury by
either or both the parties, there is a tendency to give
it a slant of an offence under Section 307 IPC as
well..."
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(Emphasis supplied)
12. Coming back to Laxmi Narayan (supra), this
Court has held that mere mention of Section 307
IPC in the FIR or the charge-sheet should not be the
basis for adopting a hands-off approach. It has
further held that it would be open for the court to
examine as to whether incorporation of Section 307
IPC is there for the sake of it or whether there is
evidence to back it. It has been held that the courts
may go by the nature of injuries sustained; as to
whether the injuries are inflicted on the vital/
delicate parts of the body and the nature of weapon
used. It has also been clarified that such an exercise
would be permissible after investigation and filing
of chargesheet/framing of charges or during the
trial. [See 15.4 of Laxmi Narayan (supra)].
13. Coming to the facts of the case, admittedly, there
is a settlement between the parties. The case filed by
the appellants' party which was prior in point of
time and that too on the same day of occurrence,
has been settled.
14. It should be recalled that, at the outset, after
investigation, the police actually closed the case in
its final report of 07.09.1991. It was the trial Court,
which by its order of 05.09.1992, refused to accept
the same and summoned the appellants. The
incident is of 11.08.1991, i.e. about 33½ years back.
No doubt, there is a reference to the firing in the FIR
but admittedly there was no injury. The allegation is
that firing was done by Abdul Waris. He is since
deceased. The facts, assuming to be true, also do not
make out a case of common object for the appellants
under Section 149 IPC insofar as the offence of
Section 307 is concerned.
15. The role attributed to the seven members,
including the five appellants is not specific. General
allegation was that they abused in filthy language
and assaulted Mahmood with lathi and iron bars.
The specific individual role was only attributed to
Adbul Waris, who is since deceased.
16. In any event, the police who investigated
disbelieved the entire story. No recoveries have been
made of any pellets. What engaged the attention of
the High Court was only the fracture of the head of
the distal phalanx of left finger of respondent No.2.
17. We have seen the injuries sustained by
Mahmood (R-2) from the medical evidence
collected. From the injury report, it is clear that
while the first four injuries were contusions and
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abrasions, injury Nos. 5, 6 and 7 pertained to
incised lacerated wound and swelling on the middle
finger of the left hand. We have also seen the x-ray
report which shows that in the left hand there was a
fracture of the head of distal phalanx of left ring
finger. Assuming that this was the result of injury
with lathis or iron bar, applying the test in Laxmi
Narayan (supra), considering the injury and the
nature of the weapon used, certainly no offence
under Section 307 IPC is made out.
18. Section 307 of IPC reads as under:-
"307. Attempt to murder.-
Whoever does any act with such intention or
knowledge, and under such circumstances that, if he
by that act caused death, he would be guilty of
murder, shall be punished with imprisonment of
either description for a term which may extend to
ten years, and shall also be liable to fine; and if hurt
is caused to any person by such act, the offender
shall be liable either to imprisonment for life, or to
such punishment as is hereinbefore mentioned.
Attempts by life convicts.- When any person
offending under this section is under sentence of
imprisonment for life, he may, if hurt is caused, be
punished with death."
19. Keeping in mind the surrounding circumstances,
the nature of the weapon and the nature of the
injury, on facts, we are inclined to conclude that the
overt act attributed to the appellants does not bring
the case within the four corners of the Section 307
of IPC, either on a stand-alone basis or as held
above with the aid of Section 149 of IPC.
20. We are also inclined to conclude that
considering the overall circumstances, the nature of
the weapon and the nature of the injury (fracture of
the head of distal phalanx of left ring finger), the
offence alleged, on facts, does not fall in that
category of cases where the court should deny relief
in the event of a settlement. At the highest, the
offence alleged could be one under Section 326 of
IPC. It could not be said, on facts, considering all
the circumstances that this is a crime which has
such an harmful effect on the public and that it has
the effect of seriously threatening the well-being of
the society. We make it clear that we are saying so
on the facts of the present case. We are also firmly of
the opinion that proceeding with the trial, when
parties have amicably resolved the dispute in the
present case, would be futile and the ends of justice
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require that the settlement be given effect to by
quashing the proceedings. It would be a grave abuse
of process to let this trial remain pending under the
above circumstances, particularly when the dispute
is settled and resolved.”
11. The petitioners and the informant have willingly

desired to appear before the learned District Court on or before

12.02.2026, so that the matter can be referred to the District

Mediation Centre.

12. Learned District Court is directed to take

necessary steps to refer the matter before the learned Mediator

of the District Mediation Center by fixing a date for appearance

of the parties to give effect to “Mediation for the Nation 2.0”.

13. Learned Mediator of the District Mediation Center

concerned, upon appearance of the parties, shall make his/her

best efforts to settle the dispute amicably and thereafter submit

his/her report before the concerned learned District Court, well

within a period of three months, till then, no coercive action

shall be taken against the petitioners in connection with the

aforesaid case.

14. In case, the parties resolve their dispute amicably

or arrive at a mutual settlement, in light of the law laid down by

the Apex Court, the petitioners are required to be released on

pre-arrest bail on such terms and conditions as the learned

District Court deems it fit and proper.
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15. In case of failure on the part of the petitioners to

appear on 12.02.2026 before the learned District Court or any

date fixed by the learned Mediator, the interim protection

granted to the petitioners shall automatically lose its force.

16. In case, it is deliberate on the part of the

informant to reconcile, then in that case, the interim protection

granted to the petitioners shall continue and the trial shall

proceed in accordance with law.

17. In case, the parties fail to reconcile, then in that

case, parties may avail appropriate remedy. Then also,

petitioners are directed to be released on pre-arrest bail on such

terms and conditions as the learned District Court deems it fit

and proper.

18. If both the parties arrive at amicable settlement,

then they must withdraw the criminal cases, if any, which they

have lodged against each other.

19. With aforesaid direction and observation, the

present application stands disposed of.

(Purnendu Singh, J)
mantreshwar/-
U T

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