Shyam Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Shyam Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to all five petitioners in connection with Bahadurpur P.S. Case No. 59 of 2024, in the event of arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and verification of criminal antecedents; order lapses automatically if any other case is pending contrary to paragraph 3 of the bail application.

Issue for consideration

Whether the petitioners are entitled to be released on pre-arrest bail in connection with Bahadurpur P.S. Case No. 59 of 2024 (Sections 341, 323, 324, 325, 504 and 34 IPC), in view of the compromise arrived at between the parties during the pendency of the application.

Court's answer

In view of the compromise between the parties (compromise petition dated 24.02.2026) and relying on the principle in Naushey Ali (Apex Court), the petitioners are directed to be released on pre-arrest bail in the event of their arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) BNSS.

Ratio / Principle

The learned District Court is directed to verify the criminal antecedents of the petitioners as stated in paragraph no. 3 of the bail application.

Key takeaways

If any other case is pending against the petitioners beyond what has been stated in paragraph no. 3 of the bail application, this order will lose its force automatically.ratio¶25

Detailed headnote1 paragraphs

Pre-arrest bail — compromise between parties — Patna High Court (Purnendu Singh, J., 22-04-2026) in Criminal Miscellaneous No. 7618 of 2026 arising out of Bahadurpur P.S. Case No. 59 of 2024 (Sections 341, 323, 324, 325, 504 and 34 IPC), District Darbhanga: five petitioners (Shyam Paswan and others) seeking pre-arrest bail informed the Court that during pendency the parties had compromised, and filed a jointly signed compromise petition dated 24.02.2026 by supplementary affidavit. Relying on Naushey Ali & Ors. v. State of Uttar Pradesh & Anr., (2025) 4 SCC 78 (where the dispute is primarily civil in nature and the parties compromise to buy peace, further proceedings can be quashed), the Court directed release on pre-arrest bail in the event of arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS. The District Court was directed to verify the petitioners' criminal antecedents as stated in paragraph 3 of the bail application; if any other case is found pending, the order loses force automatically.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7618 of 2026

Arising Out of PS. Case No.-59 Year-2024 Thana- BAHADURPUR District- Darbhanga

======================================================

Shyam Paswan, aged about -48 years, Gender-Male, son of Late Mahendra Paswan

Bittu Paswan aged about 19 years, Gender- Male, Son of Shyam Paswan

Rudal Paswan @ Vidya Sagar Paswan aged about 23 years, Gender- Male, son of Shyam Paswan

Lakshman Paswan aged about -45 years, Gender- Male, Son of Late Mahendra Paswan

Manohar Paswan aged about 42 years, Gender- Male, son of Late Mahendra Paswan All Resident of Village -Nahar Tola, Barheta Kherajpur, P.S- Bahadurpur District -Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Baidyanath Prasad, Advocate For the Opposite Party/s : Mrs. Renu Kumari, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 22-04-2026

Heard Mr. Baidyanath Prasad, learned counsel appearing on behalf of the petitioners and Mrs. Renu Kumari, learned APP for the State.

The petitioners seek pre-arrest bail in connection with Bahadurpur P.S. Case No. 59 of 2024 registered for the offence punishable under Sections 341, 323, 324, 325, 504 and 34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners informs that during the pendency of the present bail

Patna High Court CR. MISC. No.7618 of 2026(3) dt.22-04-2026 2/3

application, with the intervention of the relatives, well-wishers and friends, the parties have compromised.

The Apex Court in the case of Naushey Ali & Ors. Vs. State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78 has held that where dispute is primarily civil in nature and to buy peace of mind, the informant and the the petitioner have compromised, the further proceeding can be quashed. In the present case, the petitioners have brought on record the compromise petition dated 24.02.2026, jointly signed by the parties, by way of supplementary affidavit.

In view of such circumstances, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Bahadurpur P.S. Case No. 59 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in

Patna High Court CR. MISC. No.7618 of 2026(3) dt.22-04-2026 3/3

paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)

Niraj/-

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