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Patna High Court

Surandra Kahar @ Surendra KhrwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and sureties, as no material connected him to the crime beyond suspicion.

Summary

The petitioner, Surandra Kahar, sought bail after fearing arrest in a murder case (Rajpur P.S. Case No.79 of 2026) alleged under sections 103 and 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioner and others killed the informant's son, and the victim's mother named the petitioner, though she was not an eyewitness. The petitioner argued that there was no material in the case diary linking him to the crime beyond mere suspicion. The court examined the case diary and found no substantive evidence connecting the petitioner to the offence. Consequently, the court allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the B.N.S., while clarifying that this order does not prejudice the trial's merits.

Issues considered

  • Whether the petitioner is entitled to bail in the absence of material linking him to the alleged murder.
  • Whether the conditions of Section 438(2) of the CrPC and Section 482 of the B.N.S., 2023 justify granting bail.

Legislation cited

Subjects

  • bail
  • suspicion
  • Section 438 CrPC
  • Section 482 B.N.S.
  • murder allegation
  • case diary
  • presumption of innocence
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38097 of 2026

                         Arising Out of PS. Case No.-79 Year-2026 Thana- RAJPUR District- Buxar

                 ======================================================
                 Surandra Kahar @ Surendra Khrwar S/o Angrahite Kahar Resident of Village
                 - Hethua, P.S. - Rajpur, Dist. - Rohtas at Sasaram.

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

                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Dharmendra Kumar Singh, Advocate
                 For the State             :         Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                      2.       The    petitioner      apprehends         arrest     in

                   connection with Rajpur P.S. Case No.79 of 2026 registered for

                   the offence under sections 103 and 3(5) of the B.N.S., 2023.

                                      3.       The petitioner and others are said to have

                   killed the son of the informant.

                                      4.       It has been submitted by learned counsel for

                   the petitioner that the mother of the deceased has named the

                   petitioner but from reading of the F.I.R., it appears that she is

                   not an eye witness to the incident. It has also been submitted

                   that though the petitioner and the deceased being neighbours,
Patna High Court CR. MISC. No.38097 of 2026(2) dt.17-06-2026
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          were entangled in some trial dispute but the petitioner is not

          involved in the crime.

                          5.      Learned counsel for the petitioner has taken

          this Court to various paragraphs of the case diary, from which

          also, it appears that there is no material to connect the petitioner

          with the crime except for suspicion.

                          6.      Considering the fact that no material has

          come in the case diary to connect the petitioner with the crime

          except for suspicion and also the submissions advanced by

          learned counsel for the petitioner, this application is allowed.

                          7.      Let the petitioner, above named, in the event

          of his arrest or surrender before the concerned Court below

          within four weeks from today, 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 Chief

          Judicial Magistrate, Buxar / concerned Court below in

          connection with Rajpur P.S. Case No.79 of 2026, subject to the

          conditions laid down in Section 438(2) of the Code of Criminal

          Procedure, 1973 / Section 482 of the BNSS.

                          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
              Patna High Court CR. MISC. No.38097 of 2026(2) dt.17-06-2026
                                                          3/3




                        any subsequent stage of the trial and this Court has not express

                        any opinion on the merits of the case.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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