Patna High Court
SURENDRA SINGH @ SURENDRA KUMAR @ SURENDRA KUMAR SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 201, 302, 365
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
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