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Patna High Court

Shivdyal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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