Patna High Court
Shivdyal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to the stipulated conditions.
Summary
Shivdyal Singh sought anticipatory bail fearing arrest in a case registered under Section 420 of the Indian Penal Code. His counsel submitted that the underlying dispute had been settled through mediation, with a mediator's report dated 18-06-2026 and a settlement agreement attached. The opposing party, Niranjan Kumar, did not contest this claim. The Court, noting the settlement, granted anticipatory bail, directing that if the petitioner is arrested or surrenders within eight weeks, he may be released on a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail can be granted when the dispute underlying the criminal complaint has been resolved through mediation
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita applies to the grant of anticipatory bail in this case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 420
Subjects
- anticipatory bail
- mediation
- IPC 420
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9567 of 2026
Arising Out of PS. Case No.-386 Year-2021 Thana- JEHANABAD COMPLAINT CASE
District- Jehanabad
======================================================
Shivdyal Singh S/o Late Ramishwar Yadav R/o Village - Irki Tola Madarpur,
P.S and District - Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Niranjan Kumar S/o Ramekwal Singh R/o Village - Bana, P.S - Khizarsarai,
District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paras Nath, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P.
For the O.P. No. 2 : Mr. Rajeev Nayan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-06-2026 Heard learned counsel for the parties.
2. The petitioner apprehends arrest in a case registered
for the offence punishable under Section 420 of the Indian Penal
Code.
3. Learned counsel for the petitioner submits that the
dispute between the parties has already been resolved through
the process of mediation vide Mediator’s Report dated
18.06.2026 and terms of settlement mutually agreed upon by the
parties is attached with the Mediator’s Report kept at Flag ‘M’.
4. Learned counsel for the O.P. No. 2 does not dispute
the contention made on behalf of the petitioner.
5. In view of the fact that the dispute between the
Patna High Court CR. MISC. No.9567 of 2026(4) dt.29-06-2026
2/2
parties has been resolved, this anticipatory bail is allowed and it
is ordered that in the event of arrest/surrender within a period of
eight weeks from today, let the above-named petitioner be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad
in connection with Complaint Case No. 386 of 2021, subject to
the conditions laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.