Patna High Court
Surendra Prasad @ Surendra MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
Surendra Prasad (Surendra Mahto) was arrested in connection with a dispute over a pipe that allegedly escalated into an assault, with the prosecution alleging he struck the informant with an iron rod. The petitioner claimed innocence, citing inconsistencies in the victim's statements, lack of prior criminal record, and a serious heart condition, and sought bail. The State opposed the bail application, emphasizing the seriousness of the charges under multiple sections of the B.N.S. The court examined the factual contradictions, the petitioner’s health, and the absence of repeat offenses. Considering these factors, the court decided to grant bail on the condition of a cash bond and sureties. The order directed the petitioner to be released upon furnishing the bail bond.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) and 3(5) of the B.N.S.
- Whether the inconsistencies in the victim’s statements and the petitioner’s health condition justify bail
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- criminal procedure
- health condition
- injury report
- section 126
- section 115
- section 109
- section 303
- section 352
- section 351
- section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20740 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
Surendra Prasad @ Surendra Mahto, Son of Late Shiv Narayan Mahto,
Resident of Village - Milki, P.S. - Khanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Khanpur P.S. Case No. 230 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109(1),
303(2), 352, 351(2) and 3(5) of B.N.S.
3. The case of the prosecution, in short, is that there
was some dispute between the informant and the petitioner
regarding pipe. It is alleged that petitioner has come to the shop
of the informant for purchasing pipe and has also taken plastic
pipe but on the date of the occurrence, he has come to return the
same with his worker and it is alleged that he has assaulted with
iron rod on the head of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20740 of 2026(2) dt.01-04-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He is suffering from heart disease. It has further been
submitted that as per the case of the prosecution, the petitioner
has come to change the plastic pipe, how can he assault with
iron rod. It has further been submitted that during course of
investigation, the victim has given his restatement and has stated
that the petitioner has assaulted with iron pipe. It has also been
submitted in F.I.R., the allegation is that the petitioner has
assaulted with iron rod whereas in the restatement of informant,
it has been stated that the petitioner has assaulted with iron
pipe. As far as injury report is concerned, the informant has
received though grievous injury but there is no repetition of
blow. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 05.02.2026.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.20740 of 2026(2) dt.01-04-2026
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bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned J.M. 1 st
Class, Samastipur in connection with Khanpur P.S. Case No.
230 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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