Patna High Court
Surandra Kahar @ Surendra KhrwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 482
- Criminal Procedure Code — s. 438(2)
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
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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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