Created by Fuzzy Cloud

Patna High Court

Surendra Kumar Pandey @ Surendra PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.42711 of 2026(2) dt.06-07-2026
                                            2/4




          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
Patna High Court CR. MISC. No.42711 of 2026(2) dt.06-07-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.42711 of 2026(2) dt.06-07-2026
                                                           4/4




                         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//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.