Patna High Court
Surya SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Negotiable Instruments Act — s. 115(2), 126(2), 303(2), 3(5), 352
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
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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
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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
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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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