Patna High Court
Surendra PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to regular bail upon furnishing the prescribed bond and sureties, subject to conditions under Section 482(2) of the BNSS.
Summary
Surendra Pal was arrested in connection with a case involving alleged assault and murder under several sections of the Bhartiya Nayaya Sanhita, 2023. The petitioner claimed he was falsely implicated, arguing that the informant was not a reliable eyewitness and that the FIR lacked specific details. He also highlighted his antecedent case and custody since June 2025, seeking regular bail. The State opposed bail, citing the seriousness of the offences. The court, after considering the submissions, granted regular bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the BNSS and the trial court's power to cancel bail if the petitioner attempts to delay the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the Bhartiya Nayaya Sanhita.
- Whether the evidence and FIR are sufficient to deny bail.
- Whether the petitioner’s prior case and period of custody affect the grant of bail.
Legislation cited
- Bhartiya Nayaya Sanhita, 2023 — s. 103(1), 109, 115, 118(1), 126(1), 3(5), 482(2)
Subjects
- regular bail
- criminal procedure
- false implication
- Bhartiya Nayaya Sanhita
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14250 of 2026
Arising Out of PS. Case No.-257 Year-2024 Thana- BIHARIGANJ District- Madhepura
======================================================
Surendra Pal Son of Late Gulay Pal Resident of Village - Kathotiya Ward No.
- 07, Police Station - Bihariganj, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh
For the Opposite Party/s : Ms. Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 1. Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Bihariganj P.S. Case No. 257/2024, registered for the offences
under Sections 115, 126(1), 118(1), 109, 103(1) and 3(5) of the
Bhartiya Nayaya Sanhita, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and is in custody since
11.06.2025 and the informant alleges that his brother Bijay was
a painter and lived at Murliganj and his assistant was Mandeep,
on 31.07.2024, the informant went to Murliganj to call his
brother for partitioning his land at village Mehkhand but his
brother had gone to village Kathotiya for calling Mandeep,
accordingly he reached village Kathotiya and saw that Surendra
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(petitioner), Sikandar, Bipin, Shrawan and Pawan along with 4-
5 unknown accused were assaulting his brother brutally by lathi
and danda, thus he tried to save him but fled for saving his life,
after sometime when he enquired he came to know that his
brother was admitted in a hospital, where he died during the
course of treatment.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is further submitted that
informant alleges that he had gone to village Kathotiya
searching his brother when he saw the named accused persons
along with 4-5 unknown accused assaulting his brother and he
tried to save him but fled for his life but then the informant did
not inform the police that occurrence of the nature as alleged is
taking place rather alleges that after sometime when he enquired
then he came to know that his brother was admitted in a
hospital, where he died which casts an aspersion on the case of
the prosecution. It is also submitted that informant is not a
complete eyewitness to the occurrence as he had fled from the
place of occurrence and allegation of assault is also general and
omnibus in nature. It is also submitted that in the nature of
allegation as alleged in the FIR, the same is not inspiring
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confidence. It is next submitted that as far as the impugned
order records that one Sonu also died but then the FIR does not
even remotely suggest that any allegation regarding assault of
Sonu is also alleged. It is also submitted that similarly situated
co-accused Sikandar Pal had approached this court seeking
regular bail by filing Cr. Misc. No.5384 of 2025 and the same
came to be allowed by an order dated 19.08.2025 by a learned
coordinate Bench. It is further submitted that if privilege of
regular bail is granted, the petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
5. Learned APP for the State opposes the regular bail
application of the petitioner.
6. Considering the submissions, the petitioner above
named, is directed to be released on bail in connection with
Bihariganj P.S. Case No. 257/2024, on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned S.D.J.M.,
Udakishunganj/concerned Court, subject to the conditions as
mentioned under Section Section 482(2) of BNSS.
7. It is made clear that if the learned trial court comes
to a conclusion that petitioner after his release is trying to delay
the framing of charge or after framing of charge is trying to
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delay the trial, in both the conditions, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
U T
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