Patna High Court
Surendhar Rai @ Surendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioners subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, Surendhar Rai and Babu Saheb, applied for bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, alleging they assaulted the informant's husband and his brother with an iron rod. The prosecution alleged that petitioner No.1 caused injury to the informant’s brother, while no specific allegation was made against petitioner No.2. The petitioners contended they were innocent, had no criminal antecedents, and that the injury was simple, offering to cooperate with the investigation. The State opposed the bail application. Considering the clean antecedent of the petitioners, the nature of the alleged injury, and the circumstances, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
- Whether the petitioners pose a flight risk or threat to the investigation.
- Whether the nature of the alleged injury and the petitioners' clean antecedent justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14944 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- SALIMPUR District- Patna
======================================================
1. Surendhar Rai @ Surendra Kumar S/o Upendra Rai @ Dholak Rai R/o
Village - Gyaspur Mahaji, P.S - Salimpur, District - Patna
2. Babu Saheb @ Pravindra Ray S/o Vakil Rai R/o Village - Gyaspur Mahaji,
P.S - Salimpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Priyanka Singh, Advocate
Mr. Aditya Kumar Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 118(1), 109, 303(2),
352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per prosecution case, the accused persons abused
and assaulted the husband of the informant due to which he
sustained injury. It is alleged that petitioner no. 1 assaulted the
devar of the informant with iron rod due to which he sustained
injury.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.14944 of 2026(2) dt.12-03-2026
2/2
present case. Further submission is that though there is
allegation against the petitioner no. 1 of assaulting the devar of
the informant with iron rod but doctor has found the injury
simple in nature. There is no specific allegation against the
petitioner no. 2. Petitioners have no criminal antecedent. They
undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances
of the case, nature of allegation and clean antecedent of the
petitioners, let the above named petitioners be released on bail,
in the event of arrest or surrender before the learned court below
within a period of six weeks from today, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-I, Barh, Patna in
connection with Salimpur P.S. Case No. 174 of 2025, subject to
the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.