Patna High Court
Surendra DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
Surendra Das was arrested in connection with a robbery on 20-11-2025 in which cash of Rs.19,00,000, a gold chain and an iPhone were allegedly stolen from an informant and his friends. The prosecution charged him under sections 318(4), 303(2), 336(4), 340(1), 340(2), 308(5), 61(2) and 111(1) of the Bihar Penal Code. The petitioner contended that he is innocent, that only a lava mobile was recovered from him and that other co‑accused have already been granted bail with the gold articles recovered. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court noted the lack of material possession, the earlier bail to co‑accused and the petitioner’s prolonged custody since 21-11-2025. Accordingly, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious offences alleged.
Legislation cited
- Bihar Penal Code — s. 111(1), 303(2), 308(5), 318(4), 336(4), 340(1), 340(2), 61(2)
Subjects
- bail
- robbery
- regular bail
- Bihar Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10573 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Surendra Das Son of Late Saryug Das R/O Vill- Kanchhedwa, P.S.-Harsiddhi,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 318(4),
303(2), 336(4), 340(1), 340(2), 308(5), 61(2) and 111(1) of
BNS.
3. The case of the prosecution is that the informant
upon the inducement of one Chandan visited the place on
28.10.2025 where Chandan showed him gold jewellery worth
crores of rupees, thereby gaining his confidence. Subsequently,
on 20.11.2025, the informant along with his friends, carrying
cash of Rs. 19,00,000/- went to purchase the jewellery by his
Honda City car. It is alleged that Chandan and his associates
Patna High Court CR. MISC. No.10573 of 2026(2) dt.23-02-2026
2/3
have forcefully robbed the cash of Rs. 19,00,000/- , a gold chain
weighing 25 grams and iphone 16 pro max of the informant and
his friends.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that only he was
apprehended by the informant and his associates and other
persons managed to escape. He has further submitted that
nothing has been recovered from the possession of the
petitioner. Only a lava mobile has been recovered from his
possession whereas according to the case of the prosecution,
iphone was snatched. It has also been submitted that other co-
accused person has already been granted bail from whose
possession, golden articles have been recovered by learned co-
ordinate Bench of this Court vide Cr. Misc. No. 3652 of 2026.
The case of this petitioner stands on better footing. Moreover,
the petitioner is languishing in judicial custody since
21.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having one criminal antecedent.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.10573 of 2026(2) dt.23-02-2026
3/3
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Govindganj P.S. Case No. 280 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned ACJM, 1 st East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.