IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70702 of 2025 Arising Out of PS. Case No.-205 Year-2025 Thana- BAKHTIYARPUR District- Patna ======================================================

1. Anil Pal @ Anil Raj S/O Late Kamal Deo Pal R/O Vill.- Magalpura Bigha, P.S.- Bakhtiyarpur, Dist.- Patna.

2. Sunil Pal @ Sunil Kumar S/O Late Kamal Deo Pal R/O Vill.- Magalpura Bigha, P.S.- Bakhtiyarpur, Dist.- Patna.

3. Sushil Kumar @ Sushil Pal S/O Late Kamal Deo Pal R/O Vill.- Magalpura Bigha, P.S.- Bakhtiyarpur, Dist.- Patna.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP For the O.P. No.2 : Mr. Dheeraj Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 24-02-2026 Heard Mr. Bindeshwar Prasad Singh, learned counsel appearing on behalf of the petitioners; Mr. Anand Kishore Choudhary, learned APP for the State and Mr. Dheeraj Kumar, learned counsel appearing on behalf of the O.P. No.2.

2. The petitioners seek pre-arrest bail in connection with Bakhtiyarpur P.S. Case No. 205/2025 registered for the offence(s) punishable under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the BNS.

3. The prosecution story, in brief, is that on the basis of a written statement of the informant (Raj Kumar) before the Officer-in-Charge, Bakhtiyarpur Police Station, it is alleged that on 01.05.2025 at about 10:00 A.M., while the informant was going to Bakhtiyarpur, the petitioners stopped him on the way and insisted that the land dispute be settled through panchayati, following which they abused him in the name of panchayat. When the informant objected, accused Anil Pal (petitioner no.1) allegedly assaulted him by giving a lathi blow on his head with intention to kill, causing head injury to him. Sunil Pal (petitioner no.2) allegedly took out a pistol and threatened to shoot the informant and also assaulted him with fists and kicks causing injuries to him.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the present case. Learned counsel submitted that to buy peace of mind, petitioners want to settle the dispute amicably outside the Court in light of the law laid down by the Apex Court in the case of Naushey Ali & Ors. Vs. State of Uttar Pradesh & Anr. reported in (2025) 4 SCC 78

5. Learned APP appearing on behalf of the State submitted that a chance be given to the parties for amicable settlement outside the court.

6. Learned counsel appearing on behalf of the petitioners, on instructions, submitted that the petitioners have agreed to appear before the learned District Court at 10:30 A.M.

on 17.03.2026.

7. Heard the parties

8. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I am of the opinion that an opportunity is required to be given to the parties to settle their score amicably outside the Court.

9. In this regard, I find it apt to take note of the observation made by the Apex Court recently in case of Naushey Ali (supra), in paragraph nos. 11 to 20, which are reproduced hereinafter:

“11. Before we apply this judgment to the facts, it will be worthwhile to recall the observations of Sikri, J. in Narinder Singh (supra):-

"26. Having said so, we would hasten to add that though it is a serious offence as the accused person(s) attempted to take the life of another person/victim, at the same time the court cannot be oblivious to hard realities that many times whenever there is a quarrel between the parties leading to physical commotion and sustaining of injury by either or both the parties, there is a tendency to give it a slant of an offence under Section 307 IPC as well..."

(Emphasis suppli