Supreme Court sets aside part of conditional bail order by Justice Purnendu Singh

In Mithilesh Kumar Bhagat vs. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices J.B. Pardiwala and K.V. Viswanathan passed a 3-page long order dated February 13, 2026 wherein, it concluded:".....we set aside that part of the order of the High Court by which the High Court has directed the petitioner to appear before the District Mediation Centre for the purpose of mediation. 9. The rest of the part of the order granting anticipatory bail is not touched." 

The Supreme Court recorded that "there are some civil litigations also pending between the parties." Justice Singh too had observed:"4. Considering the nature of dispute to be purely civil in nature and the parties are contesting Civil Suit No. 135 of 2024 for specific performance of contract since 17.03.2025, at
the same time, I find that the parties can resolve their dispute outside the Court amicably by way of mediation. 5. The petitioner is directed to appear before the learned District Court on 25.09.2025 at 10.30 am." As per the allegation made in the FIR, petitioner and his son had committed forgery with the informant by receiving Rs. 55 lacs for executing a piece of land appertaining to Khata No. 130, Khesra Nos. 220 measuring total area two Bigha.

Notably, Justice Purnendu Singh had passed a 3-page long order dated September 10, 2025, wherein, he had concluded: "6. Learned District Court is directed to take necessary action to refer the matter before the learned mediator of the District Mediation Center. 7. Learned Mediator of the District Mediation Center concerned shall make his/her best efforts to settle the dispute amicably between the parties and thereafter submit his/her report before the concerned learned District Court, well within a period of three months, till then, no coercive action shall be taken against the petitioner in connection with the aforesaid case.8. In case of failure on the part of the petitioner to appear on 25.09.2025 at 10.30 am. before the learned District Court or on any date fixed by the learned Mediator, the interim protection granted to the petitioner shall automatically lose its force. 9. In case, the parties fail to reconcile, then in that case, parties may avail appropriate remedy. 10. Accordingly, the present bail application stands disposed of."

Supreme Court observed:"6. The High Court thought fit to grant anticipatory bail but at the same time directed the petitioner to go for mediation. 7. We are of the view that once the High Court was convinced that a case was made out for grant of anticipatory bail, then the Court should not have asked the petitioner-accused to go for mediation." 

The petitioner, an aged person, had prayed for anticipatory bail before the High Court in connection with a Khanpur Police Station case of 2025 registered for the offence punishable under Sections 316(2), 318(4), 338, 336(3), 340(2), 308(1), 308(5) and 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, respectively.  Prima facie, the allegations against the petitioner was one of forgery and cheating.