The Patna High Court modified an order dismissing an anticipatory bail petition as withdrawn. It granted anticipatory bail to the petitioner, allowing surrender within six weeks, as the dispute was resolved via mediation.
Anticipatory bail granted, modification of order dated 14-11-2022, bail bond ₹10,000 with sureties allowed upon surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26708 of 2023
In
CRIMINAL MISCELLANEOUS No.48523 of 2021
Arising Out of PS. Case No.-70 Year-2021 Thana- VISHNUPAD District- Gaya
======================================================
BANTI KUMAR S/O SRI SARYUGAL Resident of Village- Shiv Charan Sahay, Manpur, P.S.- Muffasil, District- Gaya.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 06-10-2023
order dated 14.11.2022 passed in Cr. Misc. No. 48523 of 2021. The order reads as follows:
“Learned counsel for the petitioner seeks permission to withdraw this anticipatory bail petition on the ground that dispute between the parties has been resolved through the process of mediation.
Prayer is allowed.
This anticipatory bail petition is, accordingly, dismissed as withdrawn.”
Patna High Court CR. MISC. No.26708 of 2023(3) dt.06-10-2023 2/3
“Earlier, the matter was referred to Patna High Court Mediation and Conciliation Centre by order dated 22.03.2022 for resolution of dispute between the parties and in this regard, a report dated 05.05.2022, kept at flag ‘X’, has been received. On perusal of Mediator’s report, it appears that the dispute between the parties has been resolved on the terms and conditions mentioned in the Agreement (annexed with the Mediator’s report).
Accordingly, in the event of arrest/surrender
Patna High Court CR. MISC. No.26708 of 2023(3) dt.06-10-2023 3/3
within a period of six weeks from today, let the abovenamed petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Vishnupad P. S. Case No. 70 of 2021, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further condition that petitioner shall abide by the terms & conditions of the agreement, arrived at between both parties before the Mediator.
(Prabhat Kumar Singh, J)
Navya/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted to a petitioner whose previous withdrawal petition was dismissed due to lack of surrender, after the underlying dispute was resolved through mediation.
1 provisions across 1 enactments
Banti Kumar
The State of Bihar
Anjani Baranwal
Prabhatar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
