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Patna High Court

Surya SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants anticipatory bail to the petitioner with specified conditions and a bail bond of Rs 10,000.

Summary

Surya Singh, a 20‑year‑old student, was implicated in a FIR (Laheri PS Case No. 366 of 2025) for alleged assault, theft of money and a mobile, and offences under sections 126(2), 115(2), 303(2), 352 and 3(5) of the Bihar Negotiable Instruments Act. The informant claimed Singh beat him while trying to purchase a second‑hand motorcycle and stole Rs 3,640. Singh denied the allegations, highlighted his clean record and offered to pay Rs 10,000 as medical assistance to the informant. The State opposed the bail, but the court, noting Singh’s youth, lack of prior convictions and the pending FIR, granted anticipatory bail subject to a Rs 10,000 bail bond, two sureties and several conditions including regular court appearances, monthly police attendance, and a prohibition on tampering with evidence. The order directs that the bail be effected within four weeks of receipt and outlines the consequences of non‑compliance.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the FIR and alleged offences.
  • Whether the conditions imposed by the court for the grant of anticipatory bail are lawful and appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • bail conditions
  • Criminal Procedure Code
  • Bihar Negotiable Instruments Act
  • assault
  • theft
  • student defendant
  • medical compensation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15316 of 2026
                  Arising Out of PS. Case No.-366 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Surya Singh S/O Upendra Prasad @ Upendra Kumar R/o Mohalla -
                 Meharpar, Police Station - Laheri, District - Nalanda.Permanent resident of
                 village- Paharpura, P.S- Bihar, Dist- Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ganesh Sharma, Advocate
                 For the Opposite Party/s :      Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                  Heard Mr. Ajay Mukherjee, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Laheri P.S. Case No. 366 of 2025 for the

                   offence under sections 126(2), 115(2), 303(2), 352 and 3(5) of

                   the BNS lodged on 30.07.2025 by the informant, Vivek Kumar.

                                3. As per the prosecution story, the informant alleged

                   that he alongwith his friend, went to the petitioner to buy a

                   second hand motorcycle. Instead, was beaten by the petitioner

                   and also took away Rs. 3,640/- beside the mobile. When he

                   went to the petitioner’s father to complain, was abused. This led

                   to the FIR.

                                4. Learned counsel for the petitioner submits that only
Patna High Court CR. MISC. No.15316 of 2026(2) dt.12-03-2026
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          because he chose not to sell the motorcycle, the present case.

          Further, he do not have any criminal antecedent and the last

          submission is that without accepting the allegation and/or the

          outcome of the present petition in view of the fact that the

          informant’s side has alleged injuries, the petitioner on its own

          would like to contribute Rs. 10,000/- towards the medical

          assistance through Demand Draft issued by the local State Bank

          of India/any Nationalized Bank branch to be submitted before

          the ‘NAZARAT’ of concerned Court to be handed over to the

          informant after checking the credentials.

                       5. Learned APP opposes the prayer submitting that

          allegation is there against the petitioner.

                       6. Taking into account the submissions of the parties

          as also that is a student only twenty years of age, have no

          criminal antecedent, FIR is there and he shall be facing the

          music, in that background, this Court is inclined to extend him

          the privilege of anticipatory bail with conditions subject to

          payment of Rs. 10,000/- as undertaken by the learned counsel

          for the petitioner to be paid by Demand Draft of local State

          Bank of India branch/any Nationalized bank branch to be

          submitted to the Trial Court.

                       7. Let the petitioner be released on bail in the event of
Patna High Court CR. MISC. No.15316 of 2026(2) dt.12-03-2026
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          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Nalanda in

          connection with Laheri P.S. Case No. 366 of 2025 subject to the

          following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhaar Card/Voter ID Card/Pan Card/Driving

          License) to show his/her bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iii) the petitioner shall appear before the concerned

          police station every month for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (iv) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for
          Patna High Court CR. MISC. No.15316 of 2026(2) dt.12-03-2026
                                                      4/4




                    cancellation of the bail bonds;

                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.

                                 (vi) the petitioner shall be appearing before the Police

                    Station as and when required for cooperating in the

                    investigation;



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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