Created by Fuzzy Cloud

Patna High Court

SURENDRA SINGH @ SURENDRA KUMAR @ SURENDRA KUMAR SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 438(2) CrPC.

Summary

The petitioner, Surendra Singh, was implicated in a murder case (Baghaila PS Case No.71 of 2024) originally registered under Section 365 IPC, later amended to include Sections 302, 201 and 120B IPC. He alleged that he was falsely implicated and pointed out that a co‑accused, Tunu Kumar, had already been granted anticipatory bail by a coordinate bench. The petitioner highlighted his status as a co‑villager and argued that the only link to him was a mention in the confessional statement of Munni Kunwar, who had an illicit relationship with the deceased. The State opposed the bail, contending the seriousness of the offences. After considering the facts, the court ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and the conditions of Section 438(2) CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences (Sections 365, 302, 201, 120B IPC).
  • Whether the presence of the petitioner’s name in a confessional statement suffices to deny bail.
  • Whether the grant of anticipatory bail to a co‑accused influences the petitioner's bail application.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC
  • CrPC
  • false implication
  • confessional statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45823 of 2025
                       Arising Out of PS. Case No.-71 Year-2024 Thana- BADHAILA District- Rohtas
                 ======================================================
                 SURENDRA SINGH @ SURENDRA KUMAR @ SURENDRA KUMAR
                 SINGH S/o- Late Jamuna Singh @ Pahalwan Resident of Village-
                 Pachpokhari Police Station-Baghaila District-Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Raghunandan Kumar Singh, Adv.
                 For the State             :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   11-02-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                 2. Petitioner apprehends his arrest in connection with

                   Baghaila P.S.Case No. 71 of 2024 registered for the offences

                   punishable under Section 365 of the IPC. Later on, Sections

                   302, 201,120B of the Indian Penal Code was added.

                                  3. As per the allegations made in the FIR lodged by

                   the son of the deceased, on 26.03.2024 at about 9:00 p.m., the

                   informant’s father (the deceased) left his house to attend the call

                   of nature but did not return thereafter.

                                 4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated.

                   Similarly situated co-accused Tunu Kumar has been granted
           Patna High Court CR. MISC. No.45823 of 2025(5) dt.11-02-2026
                                                       2/2




                     anticipatory bail by a coordinate Bench of this Court. The case

                     of the petitioner is on better footing because he is co-villager,

                     whereas Tunu Kumar is an agnate of Munni Kunwar, with

                     whom the deceased had illicit relationship. The name of the

                     petitioner, co-accused Tunu Kumar and other persons, have

                     figured in the confessional statement of Munni Kunwar.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6. Considering the above-mentioned facts and

                     circumstances, let the petitioner, in the event of his arrest or

                     surrender within four weeks before the learned court below, be

                     released on anticipatory bail on furnishing bail bond of Rs.

                     10,000/- (Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned S.D.J.M., Rohtas at Sasaram

                     in Baghaila P.S.Case No. 71 of 2024, subject to the conditions

                     as laid down under Section 438(2) Cr.P.C.


                                          (Nawneet Kumar Pandey, J)

kundan/-

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.