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Patna High Court

Satendra PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the alleged acts do not fall within Section 307 IPC and, in view of the amicable settlement, the proceedings should be quashed and the petitioners released on pre‑arrest bail.

Summary

The petitioners Satendra, Bihari and Amrendra Pandey sought protection from arrest in a criminal case (PS Jagdishpur Case No. 278 of 2025) alleging assault with sticks, rods and a pistol that caused injuries to an informant and his father. They claimed innocence and expressed a desire for an amicable settlement, a view also supported by the State. The High Court examined whether the alleged acts amounted to an attempt to murder under Section 307 IPC, referring to the Supreme Court’s decision in Naushey Ali (2025) and earlier precedents. Finding that the injuries and weapons used did not satisfy the criteria for Section 307 and could at most attract Section 326 IPC, the Court held that continuing the trial would be futile given the parties’ settlement. Consequently, the Court directed the matter to the District Mediation Centre, ordered pre‑arrest bail subject to conditions, and disposed of the petition.

Issues considered

  • Whether the alleged conduct constitutes an offence under Section 307 IPC warranting continuation of criminal proceedings.
  • Whether an amicable settlement between the parties justifies quashing the criminal proceedings.
  • Whether the court can grant pre‑arrest bail conditioned on settlement and mediation.

Legislation cited

Subjects

  • settlement
  • mediation
  • pre‑arrest bail
  • attempt to murder
  • Section 307 IPC
  • criminal procedure
  • quashing of proceedings
  • amicable resolution

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92081 of 2025
                     Arising Out of PS. Case No.-278 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
           1.     Satendra Pandey Son Of Chandra Kishore Pandey Resident Of Diul P.S.
                  Jagdishpur, Dist Bhojpur
           2.    Bihari Pandey @ Awadh Bihari Pandey Son Of Chandra Kishore Pandey
                 Resident of Diul P.S Jagdishpur Dist Bhojpur
           3.    Amrendra Pandey @ Kamendra Pandey Son of Chandra Kishore Pandey
                 Resident Of Diul P.s Jagdishpur Dist Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Ms.Akanksha Malviya, advocate
                                                 Mr.Akash Keshav, Advocate
                                                 Mr.Ayushman Kishore, Advocate
                                                 Ms.Naina Nancy, Advocate
                                                 Mr.Anuj Kumar Shrivastav, Advocate
                 For the Opposite Party/s:       Mr.Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   04-02-2026                   Heard Ms. Akanksha Malviya along with Mr. Akash

                   Keshav, Mr. Ayushman Kishore, Ms. Naina Nancy and Mr. Anuj

                   Kumar Shrivastav, learned counsels appearing on behalf of the

                   petitioners and Mr. Harendra Prasad, learned APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Jagdishpur P.S. Case No. 278 of 2025 registered under Sec-

                   tions 126(2), 115(2), 117(2), 109(1), 303(2), 352, 351(2) and

                   3(5) of BNS, 2023.

                                 3. As per the allegations made in the FIR, the

                   petitioners assaulted the informant with sticks, rods and pistol,
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          causing injuries to his head and other parts of the body. It is

          further alleged that when the father of the informant intervened,

          he was also assaulted, resulting in a fracture of his left hand,

          consequently, he was admitted in a hospital and subsequently

          referred to PMCH, Patna.

                       4. 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.

                       5. Learned APP appearing on behalf of the State

          submitted that a chance be given to the parties for amicable

          settlement outside the court.

                       6. Learned counsel appearing on behalf of the

          petitioners, on instructions, submitted that the petitioners have

          agreed to appear before the learned District Court at 10:30 A.M.

          on 12.02.2026.

                       7. Heard the parties

                       8. Having considered the rival submissions made on

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

                          9. 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..."
                                                               (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
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                                  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
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                                  collected. From the injury report, it is clear
                                  that while the first four injuries were
                                  contusions and 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
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                                  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
                                  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.”


                       10. The petitioners 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.

                       11. Learned District Court is directed to take

          necessary steps to issue notices to the respective parties and

          upon their appearance, 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 2.0.

                       12. Learned Mediator of the District Mediation Center
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          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 four months, till then, no coercive action shall

          be taken against the petitioners in connection with the aforesaid

          case.

                       13. 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.

                       14. 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.

                       15.    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.

                       16. 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
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                      terms and conditions as the learned District Court deems it fit

                      and proper.

                                   17. If both the parties arrive at amicable settlement,

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

                      have lodged against each other.

                                   18.    With aforesaid direction and observation, the

                      present application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T


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