Patna High Court
Surendra Prasad @ Sulendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail subject to a bond and specified conditions.
Summary
Surendra Prasad was arrested on 5 May 2025 in connection with a murder case (Telhara P.S. Case No. 187 of 2024) under Section 103(1) of the BNS, 2023 and Section 27 of the Arms Act. The prosecution alleges that he, along with others, killed the husband of the informant, who is also his brother, and claims he confessed to the crime. The petitioner contended that he has a clean antecedent, was falsely implicated, and that no eye‑witness evidence exists apart from the alleged confession. The court noted the lack of material evidence beyond the confessional statement and the petitioner’s clean record, and therefore granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Additional District & Sessions Judge‑I, Hilsa, Nalanda.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged confession and the seriousness of the offences under Section 103(1) BNS and Section 27 Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1)
Subjects
- bail
- criminal procedure
- confessional statement
- clean antecedent
- Section 103 BNS
- Section 27 Arms Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74969 of 2025
Arising Out of PS. Case No.-187 Year-2024 Thana- TELHARA District- Nalanda
======================================================
Surendra Prasad @ Sulendra Kumar S/O Shibalak Mahto R/O Village-
Pirodha, PS- Okari, Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Parmanand Prasad, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
For the Informant : Mr. NityaNand Neeraj, Advocate
Ms. Kumari Anjani Sinah, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 17-03-2026 Heard Mr. N.K. Agrawal, learned senior counsel for
the petitioner, Mr. NityaNand Neeraj, learned counsel for the
informant and Mr. Yogendra Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.05.2025 in connection with Telhara P.S. Case No. 187 of
2024, F.I.R. dated 31.12.2024 for the offences punishable under
Section 103(1) of the BNS, 2023 and Section 27 of the Arms
Act.
3. According to prosecution case, this petitioner along
with other accused persons due to some earlier dispute have
killed the husband of the informant who also happens to be
Patna High Court CR. MISC. No.74969 of 2025(4) dt.17-03-2026
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petitioner's own brother.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. In fact, the petitioner is own
brother of the deceased and on the basis of suspicion he has
been made accused in the present case. There is no eye witness
of the alleged occurrence and after the petitioner was arrested he
has confessed his guilt and except the aforesaid, no other
material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 05.05.2025.
5. The learned counsel for the informant as well as
learned Additional Public Prosecutor have vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner has committed the crime in question and he has also
confessed his guilt before the police and apart from that the trial
has begun and two prosecution witnesses have been examined
who have supported the case of the prosecution.
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6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and except the
confessional statement no other material has come during
investigation which suggest the involvement of the petitioner in
the present case, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional District & Sessions Judge-I, Hilsa
(Nalanda) in connection with Telhara P.S. Case No. 187 o
f2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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