Patna High Court
Surendra SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Surendra Singh was arrested in connection with a case registered under multiple sections of the B.N.S. and Section 27 of the Arms Act, alleged to have ordered and personally assaulted Renu Kumari with an iron rod, causing a fractured elbow. The petitioner contended that he was innocent, had no prior criminal record, and highlighted a discrepancy between the FIR, which described an elbow injury, and the medical report that recorded injuries on the head and right wrist. He had been in judicial custody since 9 August 2025 and sought regular bail. The State opposed the bail application, emphasizing the seriousness of the offences. After hearing both sides, the court found the inconsistency in the injury evidence and the petitioner’s lack of antecedents sufficient to grant regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences alleged under the B.N.S. and the Arms Act.
- Whether the discrepancy between the FIR description of injuries and the medical injury report raises reasonable doubt about the prosecution’s case.
Legislation cited
Subjects
- regular bail
- bail petition
- assault
- injury report discrepancy
- Arms Act
- B.N.S.
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88849 of 2025
Arising Out of PS. Case No.-38 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Surendra Singh Son of Late Siyasharan Singh Resident of Village - Kahuara,
P.S. - Nardiganj, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
127(2), 115(2), 109, 3(5), 118(1), 352, 351(2), 351(3) of
B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that this case in two
parts: in first part, the petitioner is the order giver and in
second part, he has assaulted with iron rod to Renu Kumari
who has received injury on elbow which has got fractured.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that injury report of
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Renu Kumari has been annexed in this petition and from
perusal of that injury report, it is clear that she has received
two injuries: first is a swelling on the left side of head about
1” x 1” caused by hard blunt substance second is swelling on
right hand wrist joint about 2’’ x 1’’ caused by hard and blunt
substance. Learned counsel has further submitted that as per
FIR, the assault caused by the petitioner was on elbow and due
to that assault, elbow of injured Renu Kumari was fractured
but injury report shows that she has received injury on right
hand wrist joint. The allegation and injury report do not
correlate with each other. A statement has been made in para-3
of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody
since 09.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Nardiganj P.S. Case No. 38 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.88849 of 2025(2) dt.22-01-2026
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each to the satisfaction of learned Chief Judicial Magistrate,
Nawada.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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