Patna High Court
Suryadev Singh @ Suraj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that bail should be granted to the petitioner subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioner, Suryadev Singh, was named in an FIR for assaulting an informant and his family members over a monetary dispute, with charges under several sections of the Bharatiya Nyaya Sanhita. The petitioner claimed he was falsely implicated, asserted that the injuries were minor, and highlighted a case‑and‑counter‑case scenario with the informant, also noting his clean criminal record. The State opposed bail, arguing the seriousness of the offences. The court examined the nature of the injuries, the reciprocal allegations, and the petitioner’s lack of prior convictions, and concluded that bail was appropriate. Accordingly, the court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita given the nature of the alleged offences and injuries.
- Whether the existence of a case and counter‑case between the parties warrants denial of bail.
- Whether the petitioner’s clean criminal record influences the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- Section 482
- simple injury
- case and counter‑case
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6632 of 2026
Arising Out of PS. Case No.-723 Year-2025 Thana- GARKHA District- Saran
======================================================
Suryadev Singh @ Suraj Singh S/O Khovari Singh R/o Vill. - Piraunadih, P.S
- Garkha, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending his arrest in a
connection with Garkha P.S. Case No.723 of 2025 dated
26.09.2025, registered for the offence punishable under Sections
126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the Bharatiya
Nyaya Sanhita.
3. As per the FIR, due to a monetary dispute, the
accused persons, including the petitioner, abused and assaulted
the informant with a dab, causing a head injury. When the
informant’s family members intervened, they were also
assaulted.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.6632 of 2026(2) dt.04-02-2026
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present case. He further submits that the nature of the injury
referred to in the impugned order does not corroborate the
allegations levelled against the petitioner. With respect to the
other family members who are stated to have sustained injuries,
the allegation of specific overt acts is against the other accused
persons named in the FIR. It is further submitted that there is a
case and counter-case between the parties. The petitioner had
lodged Garkha P.S. Case No. 722 of 2025 dated 26.09.2025, and
thereafter the informant lodged the present case against the
petitioner as a counterblast. The incident is stated to have
occurred owing to a free fight between the parties. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that the injuries are simple
in nature and there is case and counter case between the parties,
let the above named petitioner, be released on bail, in the event
of his arrest or surrender before the learned Court below within
a period of six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Saran at Chapra/Successor Court in connection with
Patna High Court CR. MISC. No.6632 of 2026(2) dt.04-02-2026
3/3
Garkha P.S. Case No.723 of 2025 subject to the conditions as
laid down under Section 482(2) of the BNSS as well as the
following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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