In Shayam Mishra @ Shayam Kumar vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices M.M. Sundresh and Prasanna B. Varale passed a 5-page order dated August 25, 2026, wherein, it set aside the 5-page long order dated June 25, 2026 by Justice Chandra Shekhar Jha of Patna High Court in a case from Badhurupiya, Sugauli, East Champaran. Supreme Court's order reads: "5) Inasmuch as this case involves a complaint at the behest of the informant and a counter complaint at the behest of the appellant, and the fact that the matter has been resolved between the parties, we are inclined to set aside the impugned order passed by the High Court and grant anticipatory bail to the appellant. 6) In such view of the matter, the impugned order dated 25.06.2026 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.40755 of 2026 is set aside and the appellant is granted anticipatory bail on such terms and conditions as may be imposed by the concerned Trial Court."
The appellant is implicated as an accused in connection with F.I.R. No.480 of 2021 registered at P.S.: Sugauli, District: East Champaran, Bihar for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 384, 379, 504 and 506 of the IPC. He was aggrieved by the rejection of the anticipatory bail applications by the Trial Court and the High Court. He approached the Supreme Court. The Court was informed that "the matter has been resolved between the appellant and the informant, via compromise."
Prior to this, in his order Justice Jha had recorded the submission by the A.P.P. for the State, while opposing the prayer of anticipatory bail of the petitioner, wherein, it was submitted that considering all available materials, the prayer of first anticipatory bail of the petitioner was rejected and, therefore, there is no occasion to reconsider this second prayer of anticipatory bail of the petitioner without having any changed circumstances, which would amount to review of earlier order passed by learned coordinate Bench of this Court, which is not permissible under law. It was also submitted by the A.P.P. that the offence, as alleged, is not compoundable in nature and, therefore, compromise is of no bearing.
Justice Jha had concluded: "8. In view of aforesaid factual submission and by taking note of the fact as prima facie on the basis of subsequent compromise for non-compoundable offence, the earlier rejection order, which was passed by one of the learned coordinate Bench of this Court, cannot be reviewed by this Court, accordingly, on second consideration also, prayer of anticipatory bail of the petitioner stands rejected."
The High Court's order recorded that it was the second prayer of anticipatory bail, after rejection of his first anticipatory bail by the 2-page long order dated February 9, 2023 of Justice Anjani Kumar Sharan in Cr. Misc. No. 2413 of 2023 dated February 9, 2023, wherein considering all available materials, as petitioner was specifically alleged to cause stab wound due to which the injured sustained grievous injury, his prayer of anticipatory bail was rejected. At the time of the rejection of the first anticipatory bail rejection, there was no compromise between the parties.
The second anticipatory bail petition was preferred on the sole ground that now this matter was compromised between the parties. The counsel appearing on behalf of the petitioner had submitted before the High Court that the occurrence was free-fight in nature and petitioner’s side had also received injury during the occurrence. It was also submitted that now the petitioner was selected in Group ‘D’ service of Indian Railway, therefore, in view of compromise, sending the petitioner to jail would not serve any purpose of justice.
In support of his submission, the counsel had relied upon para 22 of the decision in Naushey Ali vs. State of U.P. reported in 2025 SCC OnLine SC 292. Para-22 of the judgment reads:- “22. In Ramgopal v. State of M.P. (2022) 14 SCC 531, Surya Kant, J. speaking for this court, in a case involving a charge under Section 326 IPC, while annulling the proceedings, felicitously set out the statement of law and applied it to the facts of the said case as under:-“19. We thus sum up and hold that as opposed to Section 320 CrPC where the Court is squarely guided by the compromise between the parties in respect of offences “compoundable” within the statutory framework, the extraordinary power enjoined upon a High Court under Section 482 CrPC or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 CrPC. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: 19.1. Nature and effect of the offence on the conscience of the society;
19.2. Seriousness of the injury, if any;
19.3 Voluntary nature of compromise between the accused and the victim; and
19.4 Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.
20. Having appraised the aforestated parameters and weighing upon the peculiar facts and circumstances of the two appeals before us, we are inclined to invoke powers under Article 142 and quash the criminal proceedings and consequently set aside the conviction in both the appeals. We say so for the reasons that:
20.1. Firstly, the occurrence(s) involved in these appeals can be categorised as purely personal or having overtones of criminal proceedings of private nature.
20.2. Secondly, the nature of injuries incurred, for which the appellants have been convicted, do not appear to exhibit their mental depravity or commission of an offence of such a serious nature that quashing of which would override public interest.
20.3. Thirdly, given the nature of the offence and injuries, it is immaterial that the trial against the appellants had been concluded or their appeal(s) against conviction stand dismissed.
20.4. Fourthly, the parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their dispute(s).
20.5. Fifthly, the occurrence(s) in both the cases took place way back in the years 2000 and 1995, respectively. There is nothing on record to evince that either before or after the purported compromise, any untoward incident transpired between the parties.
20.6. Sixthly, since the appellants and the complainant(s) are residents of the same village(s) and/or work in close vicinity, the quashing of criminal proceedings will advance peace, harmony, and fellowship amongst the parties who have decided to forget and forgive any ill will and have no vengeance against
each other.
20.7. Seventhly, the cause of administration of criminal justice system would remain un-effected on acceptance of the amicable settlement between the parties and/or resultant acquittal of the appellants; more so looking at their present age.”
Supreme Court's order vindicates the position of petitioner's the counsel Prateek Tandon and the persuasive value of the decision in Naushey Ali vs. State of U.P. reported in 2025 SCC OnLine SC 292. It is apparent that Supreme Court has rejected the submission made by Nand Kishore Prasad, APP which is recorded in the order by Justice Jha. Unlike the High Court, the Supreme Court was not persuaded by APP's reasoning.
