Patna High Court
Surendra Paswan @ Surendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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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