Patna High Court
Surendra Singh @ Surendra Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, considering the petitioner’s advanced age, clean record and procedural irregularities, anticipatory bail should be granted subject to conditions.
Summary
Surendra Singh, a 75‑year‑old man with a clean record, applied for anticipatory bail in a case stemming from a 2010 dispute that led to alleged assaults and theft, invoking Sections 447, 341, 323, 324, 307, 379, 504 and 34 of the IPC. The petitioner argued that the FIR was lodged 22 days after the incident, that he never received summons or bailable warrants, and that a similar bail order had been granted in Cr. Misc. No.45092 of 2025. The State opposed the bail. The court, noting the petitioner’s advanced age, lack of prior convictions, procedural lapses in service of process, and the precedent, directed that he be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to Section 482(2) of the CrPC and conditions for cooperation. The bail may be cancelled if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the seriousness of the offences alleged.
- Whether the petitioner’s age, clean antecedent and alleged procedural irregularities justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 447, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- age factor
- clean antecedent
- procedural lapse
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82902 of 2025
Arising Out of PS. Case No.-93 Year-2010 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
Surendra Singh @ Surendra Narayan Singh S/o Late Badri Narayan Singh
R/o Village- Achchhechak, Achaychak, (Achhechak), (Akchaychak), Ward
No 01, PS- Sahebpur Kamal, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 447, 341, 323, 324, 307, 379, 504 and 34 of the Indian
Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is aged
about 75 years. It is further submitted that informant alleges that
on 17.04.2010 at about 7.00 P.M., when he was near his house
along with his son and cousin when the accused persons came
and started abusing them on account of dispute relating to
passage. On objection, it is alleged that petitioner assaulted his
Patna High Court CR. MISC. No.82902 of 2025(2) dt.17-02-2026
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son by farsa causing injury on head thereafter Birendra
assaulted informant’s son’s cousin with lathi causing injury on
his right eye, while Uttam and Nalini Ranjan Singh assaulted
the informant and women folk of the family by lathi, thereafter
Nalini Ranjan snatched gold chain of informant’s wife and the
injured were taken to hospital for treatment.
4. The learned counsel for the petitioner submits that
no doubt, the case is of the Year 2010, but then, from perusal of
the FIR, it would manifest that date of occurrence is 17.04.2010
and the FIR came to be instituted on 10.05.2010 based on a
written application of the informant i.e. the FIR was instituted
after 22 days of the occurrence. It is further submitted that
police submitted charge-sheet on 31.07.2010 under bailable
sections, but then, the learned Trial Court differing with the
police report took cognizance of the offence under Section 307
of the I.P.C. It is next submitted that thereafter summons were
issued on the petitioner, but then, summons were never received,
thereafter bailable warrants were issued and the same also was
never received by the petitioner and without service report non-
bailable warrant of arrest was issued and thereafter, the
petitioner came to know when the police started knocking the
door. It is submitted that Birendra Singh along with two others
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had approached this Court seeking anticipatory bail by filing Cr.
Misc. No.45092 of 2025 and the same came to be allowed by an
order dated 11.09.2025 after considering the case on merits and
in detail. It is also submitted that the case of the petitioner is on
a similar footing, but then, only difference is that the injury
suffered by the son of the informant on account of assault by the
petitioner is opined to be grievous in nature, but then, it is
submitted that since petitioner is head of the family, as such, he
came to be implicated with his entire family members. It is also
submitted that petitioner is now aged about 75 years and the
police initially had submitted charge-sheet under bailable
sections, as such, the petitioner never came to know that learned
Trial Court differing with the police report has taken cognizance
under Section 307 of the I.P.C. also, since summons and bailable
warrants was never served on him. It is thus submitted that
petitioner was not evading arrest. It is also reiterated and
submitted that petitioner is aged about 75 years and has
remained a person with clean antecedent and on account of
trivial dispute the occurrence is alleged to have taken place and
from the side of the petitioner, Sahebpur Kamal P. S. Case
No.87 of 2010 was instituted against the informant and his side.
It is also submitted that petitioner will not abscond rather will
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cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the order
dated 11.09.2025 in Cr. Misc. No.45092 of 2025 and also taking
into consideration the age of the petitioner, the petitioner, above-
named, in the event of his arrest or surrender before the learned
Court below within a period of six weeks, is directed to be
released on bail on his furnishing bail-bonds in the sum 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/successor Court in connection with
Sahebpur Kamal P. S. Case No.93 of 2010, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation or is not presenting himself as and when required,
the learned trial Court shall be at liberty to cancel the bail bonds
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of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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