Patna High CourtCR. MISC./29397/2026bail granted

Surendra Saw v. The State Of Bihar

2026-05-11Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29397 of 2026 Arising Out of PS. Case No.-438 Year-2025 Thana- Arwal District- Arwal ====================================================== Surendra Saw S/o Late Muni Lal Saw R/o Village - Pheku Bigha, P.O. - Jalpura, P.S. - Arwal, Dist. - Arwal.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Mishra, Advocate For the State :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Arwal P.S. Case No. 438 of 2025 registered for the offence punishable under Sections 189(2), 126(2), 115(2), 117(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita.

3. The petitioner and others are said to have assaulted the victim with lathi and danda.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is land dispute between the parties. There is

Patna High Court CR. MISC. No.29397 of 2026(2) dt.11-05-2026 2/3 counter case also. There is no specific allegation against the present petitioner.

5. The petitioner is in custody since 21.01.2026 and claims clean antecedent.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. Considering the fact that there is general and omnibus allegation against the petitioner having clean antecdent and also the fact that there is case and counter case between the parties, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal/ concerned Court in connection with Arwal P.S. Case No. 438 of 2025.

9. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted.

10. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail

Patna High Court CR. MISC. No.29397 of 2026(2) dt.11-05-2026 3/3 application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T