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Patna High Court

Surendra Singh @ Surendra Narayan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.82902 of 2025(2) dt.17-02-2026
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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
               Patna High Court CR. MISC. No.82902 of 2025(2) dt.17-02-2026
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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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