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Patna High Court

Surendra Yadav @ Surendra Kumar Yadav @ Sulendra Kumar Yadav @ GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Surendra Yadav, was arrested on 12 November 2025 in connection with a case of assault on a woman, alleged to have been attacked with an iron rod causing head injury. The prosecution charged him under several sections of the Indian Penal Code, including offences relating to assault, obstruction of public servants, and causing hurt to a woman. The petitioner argued that he has a clean antecedent, was falsely implicated, and that there was no intention to kill or repeated blows. The Additional Public Prosecutor opposed bail, citing the seriousness of the offences. The court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedent. The bail order was made subject to cancellation if conditions are breached.

Issues considered

  • Whether bail should be granted to the petitioner despite charges of assault with a deadly weapon under the IPC.
  • Whether the petitioner’s alleged clean antecedent and lack of intent to kill justify bail.
  • Whether the seriousness of the offences and the prosecution’s opposition warrant denial of bail.

Legislation cited

Subjects

  • bail
  • assault
  • Indian Penal Code
  • criminal antecedent
  • evidence tampering
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2027 of 2026
                       Arising Out of PS. Case No.-36 Year-2025 Thana- Bhalpatti District- Darbhanga
                 ======================================================
                 Surendra Yadav @ Surendra Kumar Yadav @ Sulendra Kumar Yadav @
                 Guddu S/O Late Suresh Yadav R/O Village - Nainaghat, P.S- Sadar, District- -
                 Darbhanga.

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gagan Deo Yadav, Advocate
                                                    Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :         Mr. Anuj Kumar Shrivastava, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-01-2026                     Heard Mr. Gagan Deo Yadav, learned counsel for

                   the petitioner and Mr. Anuj Kumar Shrivastava, learned

                   Additional Public Prosecutor for the State.

                                 2. Petitioner seeks bail who is in custody since

                   12.11.2025 in connection with Bhalpatti P.S. Case No. 36 of

                   2025, F.I.R. dated 02.05.2025 for the offences punishable under

                   Sections 189(2), 126(2), 115(2), 118(2), 109, 329(4), 352 of the

                   B.N.S.

                                 3. According to prosecution case, when the informant

                   was making bread in her house, the petitioner and the co-

                   accused persons came at her door and started abusing at the

                   instance of the co-accused, Pramod Yadav. On objection by the

                   informant, the co-accused, Sita Devi assaulted her and caught
Patna High Court CR. MISC. No.2027 of 2026(2) dt.20-01-2026
                                            2/3



          her and the co-accused, Ravindra Yadav and the petitioner

          dragged the informant to their courtyard and on the order of the

          co-accused, Pramod Yadav all the accused persons assaulted her.

          In the meantime, the petitioner with an intention to kill assaulted

          the informant with iron rod on her head, causing head injury.

          Thereafter, she was taken to Sadar Hospital where the doctor

          referred the informant to D.M.C.H. for better treatment.

                       4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. There is specific allegation

          against the petitioner of assaulting the informant by means of

          iron rod although she has received injury but there is no

          intention to kill anyone and there is no repetition of blow upon

          the informant. There is case and counter case between the

          parties. It appears from the FIR that due to some petty dispute

          the present occurrence took place. The petitioner is in custody

          since 12.11.2025.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned C.J.M.,

          Darbhanga in connection with Bhalpatti P.S. Case No. 36 of
             Patna High Court CR. MISC. No.2027 of 2026(2) dt.20-01-2026
                                                         3/3



                       2025, subject to the following conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.




                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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