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Patna High Court

Surendra Paswan @ Surendra RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to bond, sureties, and the condition that the trial court may cancel the bail if the petitioner attempts to delay the trial.

Summary

The petitioner, Surendra Paswan, sought regular bail in a criminal case involving offences under several sections of the Bihar Penal Code. He had previously been granted provisional anticipatory bail, which was later cancelled by the trial court after an injury report deemed the injury grievous. The petitioner argued that the case was settled in Lok Adalat, he had cooperated with the trial, and the co-accused had not appeared. The State opposed the bail application. The High Court directed that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, and warned that the trial court could cancel the bail if the petitioner attempted to delay framing of charges or the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail after the cancellation of provisional anticipatory bail
  • Whether the grievous nature of the injury precludes the grant of bail
  • What conditions may be imposed on bail and when can it be cancelled

Subjects

  • bail
  • anticipatory bail
  • regular bail
  • criminal procedure
  • injury report
  • charge sheet
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60396 of 2025
                      Arising Out of PS. Case No.-472 Year-2024 Thana- BARUN District- Aurangabad
                 ======================================================
                 Surendra Paswan @ Surendra Ram S/o- Late Dashrath Ram R/o- Dhanauti,
                 P.S. Barun, Dist- Aurangabad
                                                                     ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.     Virendra Kumar S/o Jainandan Paswan, R/o Vill- Dhanauti, P.O. - Jai
                  Govind Nagar (Makhra) P.S.- Barun, Distt- Aurangabad, Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   16-01-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 117(2), 74,

                   109, 303(2), 352 and 3(5) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case but then the case was

                   settled by the learned Lok Adalat. It is further submitted that

                   petitioner had earlier moved before this Court seeking

                   anticipatory bail by filing Cr. Misc. No. 14314 of 2025 and the

                   petitioner was granted the provisional anticipatory bail by an

                   order dated 13.05.2025 with a condition that if it is found that

                   the injury suffered by the injured has been opined to be
Patna High Court CR. MISC. No.60396 of 2025(5) dt.16-01-2026
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          grievous, in that event, the provisional anticipatory bail bonds

          shall be cancelled. It is next submitted that petitioner was

          enlarged on provisional anticipatory bail but the learned trial

          court after calling the injury report cancelled the provisional

          anticipatory bail bonds of the petitioner as the injury was opined

          to be grievous. It is also submitted that petitioner is in custody

          since 27.06.2025 and charge-sheet has been submitted. It is

          submitted that petitioner will cooperate in the trial. It is further

          submitted that though notices were validly served on the

          opposite party no. 2 but the opposite party no. 2 despite

          receiving notice chooses not to appear and contest the case.

                       4. Learned A.P.P. for the State vehemently opposes

          the prayer for regular bail of the petitioner.

                       5. Considering        the     submissions   aforesaid,   the

          petitioner, above named, is directed to be released on bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Trial Court where the case is pending in connection

          with Barun P.S. Case No. 472 of 2024.

                       6. It is made clear that if the learned trial court comes

          to a conclusion that petitioner after his release on bail is trying

          to delay the framing of charge or after framing of charge is
           Patna High Court CR. MISC. No.60396 of 2025(5) dt.16-01-2026
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                     trying to delay the trial in any manner in both the conditions the

                     learned trial court shall be at liberty to cancel the bail bonds of

                     the petitioner.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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