Patna High Court
Surendra RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court directed that the petitioner be released on bail subject to the stipulated bond and sureties.
Summary
Surendra Raut was arrested in connection with a violent incident at the Indo‑Nepal border where a crowd assaulted police and the petitioner was alleged to have attempted to snatch an INSAS rifle from an injured constable. The FIR listed a slew of offences under the Bhartiya Nyay Sanhita, 2023 and Section 27 of the Arms Act. Raut’s counsel argued that he was not in close proximity to the constable, sustained no injury, has a clean antecedent, and that the investigation is complete with a charge‑sheet already filed, making bail appropriate. The State opposed the bail on the ground of the seriousness of the charges. The High Court, noting the petitioner’s clean record, the concluded investigation and the lack of evidence of direct involvement, granted bail subject to a bond of Rs 10,000 and two sureties, invoking Section 437(3) of the Cr.P.C. and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite the multiple serious offences alleged under the Bhartiya Nyay Sanhita and the Arms Act
- Whether the completion of investigation and filing of charge‑sheet justify bail
- Applicability of Section 437(3) Cr.P.C. and Section 480(3) Bhartiya Nagarik Suraksha Sanhita in granting bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 119(1), 121(1), 121(2), 126(2), 132, 190, 191(2), 191(3), 303(2), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- criminal procedure
- arms act
- public order
- Bhartiya Nyay Sanhita
- investigation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5670 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Surendra Raut S/o Chiranjeev Raut@ Chiranjeevi Raut R/o vill -
Mahinathpur, P.S.- Basopatti, Distt.- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
Mr.Sumit Kumar Singh, Advocate
Mr.Archna Aanand, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-02-2026 Heard learned counsel appearing on
behalf of the petitioner and learned A.P.P. for the
State.
2. The accused/petitioner seeks bail in
connection with Basopatti P.S. Case No. 172 of
2025 registered for the offences under Sections
191(2), 191(3), 190, 126(2), 115(2), 119(1), 109,
303(2), 132, 121(1), 121(2), 352 and 351(2) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’)
and section 27 of the Arms Act.
3. The accused/petitioner is named in the
First Information Report and is in custody since
08.09.2025.
Patna High Court CR. MISC. No.5670 of 2026(2) dt.12-02-2026
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4. As per FIR, on 23.07.2025, one co-
accused namely, Bharat Paswan was stopped by
Constable Raju Kumar Ram while crossing Indo-
Nepal Border, 50-60 people gathered over there
and started abusing and assaulting the police
Constable. This petitioner alleged to made an
attempt to snatch INSAS Rifle from injured Raju
Kumar Ram, who during occurrence anyhow
protected his life and arms after two rounds firing
in air to disburse the crowd.
5. It is submitted by learned counsel
appearing on behalf of the petitioner that just to
aggravate the allegation as this petitioner was
leading the mob, he was implicated with allegation
as to commit an attempt to snatch the government
arms from possession of injured Constable Raju
Kumar Ram. It is submitted that said injured
Constable fired two rounds in air to disburse the
crowd gathered over there and if this petitioner
was so closed to the constable then he must have
received gunshot injury or any injury during the
occurrence, but this is not a case of the
Patna High Court CR. MISC. No.5670 of 2026(2) dt.12-02-2026
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prosecution.
6. While concluding argument, it is
submitted that petitioner is a man of clean
antecedent and, moreover, investigation of this
case is already concluded, for which charge-sheet
has been submitted and as such, there is no
chance of tampering with the evidence.
7. Learned A.P.P. for the State has opposed
the prayer for bail of the petitioner.
8. In view of aforesaid factual submission
and by taking note of overall accusation as
discussed aforesaid, coupled with the fact that
investigation of this case is already concluded,
where petitioner, who is a man of clean
antecedent, remains in custody since 08.09.2025,
accordingly, above-named petitioner is directed to
be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand only) with two
sureties of the like amount each to the satisfaction
of learned Judicial Magistrate - 1 st Class
Madhubani/concerned court, in connection with
Basopatti P.S. Case No. 172 of 2025, subject to the
Patna High Court CR. MISC. No.5670 of 2026(2) dt.12-02-2026
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condition as laid down under Section 437(3)
Cr.P.C/Section 480(3) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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