Patna High Court
Surendra Kumar Pandey @ Surendra PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to strict conditions.
Summary
The petitioners, Surendra Kumar Pandey, Sandeep Kumar Pandey and Ravindra Kumar Singh, were arrested on 10 May 2026 in connection with a case of alleged assault and intimidation of an informant, alleged under multiple sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. They claimed clean antecedents and argued that the FIR was fabricated due to a matrimonial dispute. The State opposed bail, citing the seriousness of the offences. The High Court examined the facts, the nature of the allegations, and the petitioners' background, and decided to grant bail on a personal bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioners on bail without delay for verification.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act, 2023 and the Arms Act.
- Whether the petitioners pose a risk of tampering with evidence or witnesses.
- Whether the petitioners have clean criminal antecedents warranting bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 339(3), 351(2), 352
Subjects
- bail
- assault
- threat
- arms act
- criminal procedure
- preliminary hearing
- clean antecedents
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42711 of 2026
Arising Out of PS. Case No.-142 Year-2026 Thana- SURYAPURA District- Rohtas
======================================================
1. Surendra Kumar Pandey @ Surendra Pandey S/o Late Ram Bachan Pandey
R/o vill - Garahatha, P.S.- Hasan Bazar, Distt.- Bhojpur
2. Sandeep Kumar Pandey S/o Surendra Pandey @ Surendra Kumar Pandey
R/o vill - Garahatha, P.S.- Hasan Bazar, Distt.- Bhojpur
3. Ravindra Kumar Singh @ Ravindra Singh S/o Late Vindeshwari Singh R/o
vill- Majhion, P.S.- Hasan Bazar, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Sr. Advocate
Mr. Varun Krishna Singh, Advocate
For the Informant : Mr. Amarendra Kumar, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr. Jitendra Prasad Singh, learned counsel for
the petitioners, Mr. Amarendra Kumar, learned counsel for the
Informant and Mr. Anil Kumar Singh No. 1, learned APP for
the State.
2. Petitioners seek bail, who are in custody since
10.05.2026, in connection with Suryapura P.S. Case No. 142 of
2026, F.I.R. dated 09.05.2026 registered for the offences
punishable under Sections 191(2), 190, 126(2), 115(2), 339(3),
118(1), 109, 352, 351(2) of the B.N.S., 2023 and Section 27 of
the Arms Act.
3. Allegation against the petitioners is that they along
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with co-accused person entered into the house of the informant
and assaulted him. It is further alleged that petitioner no. 1 hit
the informant by means of bricks and stones, petitioner no. 2
pointed out country made pistol at him and threatened him to
kill.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. He further submits that due to matrimonial dispute of the
daughter of the petitioner no. 1, the present occurrence had
taken place and there is case and counter case between the
parties. Although there is specific allegation against the
petitioner no. 1 that he has assaulted the informant by means of
bricks and stones and he has received injury. Learned counsel
for the petitioner further submits that there was no intention to
kill anyone but due to spur of moment the present occurrence
had taken place. Petitioners are in custody since 10.05.2026.
5. Learned counsel for the Informant as well as
learned Additional Public Prosecutor for the State, on the other
hand, has vehemently opposed the prayer for bail of the
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petitioners.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Judicial Magistrate 1st Class, Bikramganj, Rohtas in
connection with Suryapura P.S. Case No. 142 of 2026, subject to
the following conditions :-
(1) Petitioners 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 their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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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)
Ibrar//-
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