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Patna High Court

Surendra Prasad @ Sulendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.74969 of 2025(4) dt.17-03-2026
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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
            Patna High Court CR. MISC. No.74969 of 2025(4) dt.17-03-2026
                                                        4/4




                      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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