Patna High Court
Surendra Mahto @ Surendra Prasad @ Surendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the petitioner is the alleged assailant of the deceased.
Summary
The petitioner, Surendra Mahto, applied for bail in a criminal case (PS Case No.458 of 2025) where he is accused of killing the deceased and facing multiple offences under the Bharatiya Nyaya Sanhita. He has been in custody since 19 November 2025. The State and the informant opposed the bail application. The court examined the fact that the petitioner is alleged to be the assailant and found no sufficient ground to grant bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to this application and do not prejudice the trial. No substantive merits of the case were addressed.
Issues considered
- Whether bail should be granted to the petitioner accused of murder and other offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(i), 109, 115(2), 126(2), 303(2), 324(4), 329(4), 3(5), 351(2), 352, 76
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22057 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Surendra Mahto @ Surendra Prasad @ Surendra Prasad Singh Son of Mahesh
Prasad Singh Resident of Village- Paharpur, P.S.- Bibhutipur, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarbottam Kumar Sarkar, Advocate
Ms. Savika Kumari, Advocate
For the State : Mr.Binod Kumar, APP
For the Informant : Mr. Amarjeet Choudhary, Advocate
Mr. Santosh Kumar, Advocate
Md. Bobassar Ali, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Bibhutipur P.S. Case No. 458 of 2025 registered for the offence
punishable under Sections 329(4), 126(2), 115(2), 76, 324(4),
109, 103(i), 303(2), 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita.
3. The petitioner and others are said to have killed the
deceased.
4. The petitioner is in custody since 19.11.2025 and
from the records, it appears that the petitioner is the assailant of
the deceased.
Patna High Court CR. MISC. No.22057 of 2026(2) dt.08-04-2026
2/2
5. Learned APP for the State and learned counsel for
the informant have opposed the prayer for bail
6. Considering the fact that the petitioner is the
assailant of the deceased, I am not inclined to grant bail to the
petitioner.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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