Patna High Court

Surendra SinghversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The Court refused pre‑arrest bail, directing the petitioners to surrender and apply for regular bail before the District Court.

Summary

Surendra Singh and Kiran Devi applied for pre‑arrest bail in connection with a case registered under Sections 80(2), 238(2) and 3(5) of the Bihar Negotiable Instruments Act. The petition was filed before the Patna High Court, and counsel for the State and the informant were also present. Justice Purnendu Singh examined the nature of the allegations and held that the seriousness of the offences did not justify the grant of pre‑arrest bail. The Court directed the petitioners to surrender before the District Court and seek regular bail thereon. The District Court was instructed to consider the bail application on the same day. Consequently, the pre‑arrest bail application was disposed of without relief.

Issues considered

Whether the petitioners are entitled to pre‑arrest bail in a case involving offences under Sections 80(2), 238(2) and 3(5) of the Bihar Negotiable Instruments Act

Legislation cited

Bihar Negotiable Instruments Act — s. 238(2), 3(5), 80(2)

Subjects

pre‑arrest bail
regular bail
criminal procedure
Bihar Negotiable Instruments Act
Sections 80, 238, 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65728 of 2025
                        Arising Out of PS. Case No.-480 Year-2024 Thana- TARAIYA District- Saran
                 ======================================================
           1.     Surendra Singh S/O Late Bharat Singh R/O Village- Bhatgai, P.S.- Taraiya,
                  District- Saran, Bihar
           2.    Kiran Devi W/O Surendra Singh R/O Village- Bhatgai, P.S.- Taraiya,
                 District- Saran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Yugal Kishore, Advocate.
                 For the Opposite Party/s :       Mr.Vinod Shanker Modi, APP.
                 For the Informant        :       Mr. Surendra Mishra, Advocate.
                                                  Mr. Dineswer Mishra, Advocate.
                                                  Ms. Rachna Shukla, Advocate.
                                                  Ms. Ruchi Arya, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   21-01-2026                      Heard learned counsel appearing on behalf of the

                   petitioners; learned APP for the State and learned counsel for the

                   informant.

                                2. The petitioners seek pre-arrest bail in connection

                   with Taraiya P.S. Case No. 480 of 2024 registered for the

                   offence punishable under Sections 80(2), 238(2) and 3(5) of

                   BNS.

                                3. Considering the nature of allegation against the

                   petitioners, I am not inclined to enlarge the petitioners on pre-

                   arrest bail.

                                4. The petitioners may surrender before the learned
           Patna High Court CR. MISC. No.65728 of 2025(4) dt.21-01-2026
                                                       2/2




                     District Court and seek regular bail. The learned District Court

                     is directed to consider the bail application of the petitioners on

                     the same day.

                                  5. The bail application stands disposed of.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T

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