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2026 DAILYLAW 3192 (PAT)

Markande Singh v. The State of Bihar

CR. MISC./25453/2026 · 2026-04-22

Purnendu Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25453 of 2026 Arising Out of PS. Case No.-182 Year-2025 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1. Markande Singh S/O Late Ranjeet Singh R/O Village- Hirpur, P.S- Kundwachainpur, Distt.- East Champaran. 2. Chunnu Singh S/O Late Bhairo Singh R/O Village- Hirpur, P.S- Kundwachainpur, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prateek Tandon, Advocate For the Opposite Party/s : Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 22-04-2026 Heard Mr. Prateek Tandon, learned counsel appearing on behalf of the petitioners and Ms. Sharda Kumari, learned APP for the State. 2. The petitioners seek pre-arrest bail in connection with Kundwachainpur P.S. Case No. 182/2025 registered for the offence(s) punishable under Sections 126(2), 115(2), 74, 352, 109, 3(5) of the BNS. 3. As per the allegations made in the FIR, the informant has stated that her husband had paid a sum of Rs.1,42,000/- to Ranjeet Singh and Markandey Singh for the purpose of registering a piece of land. However, during this period, Ranjeet Singh passed away. Subsequently, when the Patna High Court CR. MISC. No.25453 of 2026(2) dt.22-04-2026 2/4 informant requested Markandey Singh and his son, Aditya Kumar, to proceed with the registration of the said land, they became aggrieved. Thereafter, Markandey Singh along with other co-accused persons allegedly assaulted the informant’s husband and son. When informant went to the house of accused persons, they also assaulted the informant and tried to outrage the modesty of the informant. 4. Learned counsel appearing on behalf of the petitioner submitted that after death of the father of petitioner no.1, the present FIR has been lodged against all the accused including the petitioner no.1, who is son of late Ranjeet Singh and his nephew, petitioner no.2. There is case and counter case between the parties. The injury sustained by the injured is not on the vital part of the body. Petitioners have clean antecedents. However, on instruction, learned counsel submitted that the matter is purely civil in nature and to buy peace of mind, petitioners want to settle the dispute amicably outside the Court. 5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. 6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and considering the fact that there is case and Patna High Court CR. MISC. No.25453 of 2026(2) dt.22-04-2026 3/4 counter case between the parties and the injury sustained by the injured is not on the vital part of the body, and also the fact that the dispute appears to be civil in nature and the petitioners are willing to compromise, the petitioners, named above, are directed to be released on provisional bail on such terms and conditions as the learned District Court deems it fit and proper, subject to the conditions as laid down under Section 438(2) Cr.P.C / 482(2) BNSS. 7. However, the learned District Court is directed to examine the matter for settlement of the dispute outside the court by way of mediation in light of the law laid down by the Apex Court in cases of Paramjeet Batra v. State of Uttarakhand, (2013) 11 SCC 673, Usha Chakraborty v. State of West Bengal, (2023) 15 SCC 135 and S.N. Vijayalakshmi & Ors. Vrs. The State of Karnataka and Anr. reported in (2025) SCC Online SC 1575 and 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 Centre under the provision of Mediation Act, 2023 by fixing a date for appearance of the parties to give effect to “Mediation for the Nation 2.0”. In case the parties settle their dispute amicably, the learned District Court concerned after being Patna High Court CR. MISC. No.25453 of 2026(2) dt.22-04-2026 4/4 satisfied, shall make the provisional bail absolute on such terms and conditions, as deems it fit and proper. 8. The bail application stands disposed of. 9. Let a copy of this order be communicated to the Member Secretary, Bihar State Legal Services Authority and the Patna High Court Mediation Centre for the purpose of record. Sanjay/- (Purnendu Singh, J) U T