Surya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15316 of 2026 Arising Out of PS. Case No.-366 Year-2025 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Surya Singh S/O Upendra Prasad @ Upendra Kumar R/o Mohalla - Meharpar, Police Station - Laheri, District - Nalanda.Permanent resident of village- Paharpura, P.S- Bihar, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Sharma, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2026 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Laheri P.S. Case No. 366 of 2025 for the offence under sections 126(2), 115(2), 303(2), 352 and 3(5) of the BNS lodged on 30.07.2025 by the informant, Vivek Kumar.
3. As per the prosecution story, the informant alleged that he alongwith his friend, went to the petitioner to buy a second hand motorcycle. Instead, was beaten by the petitioner and also took away Rs. 3,640/- beside the mobile. When he went to the petitioner's father to complain, was abused. This led to the FIR.
4. Learned counsel for the petitioner submits that only
2/4 because he chose not to sell the motorcycle, the present case. Further, he do not have any criminal antecedent and the last submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 10,000/- towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer submitting that allegation is there against the petitioner.
6. Taking into account the submissions of the parties as also that is a student only twenty years of age, have no criminal antecedent, FIR is there and he shall be facing the music, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court.
7. Let the petitioner be released on bail in the event of
3/4 arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Laheri P.S. Case No. 366 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
4/4 cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (vi) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(Rajiv Roy, J) Adnan/- U T