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2026 DAILYLAW 977 (PAT)

Surendra Prasad @ Surendra Mahto v. The State of Bihar

CR. MISC./20740/2026 · 2026-04-01

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20740 of 2026 Arising Out of PS. Case No.-230 Year-2025 Thana- KHANPURA District- Samastipur ====================================================== Surendra Prasad @ Surendra Mahto, Son of Late Shiv Narayan Mahto, Resident of Village - Milki, P.S. - Khanpur, District - Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Yadav, Advocate For the Opposite Party/s : Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 01-04-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioner has prayed for bail in connection with Khanpur P.S. Case No. 230 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 109(1), 303(2), 352, 351(2) and 3(5) of B.N.S. 3. The case of the prosecution, in short, is that there was some dispute between the informant and the petitioner regarding pipe. It is alleged that petitioner has come to the shop of the informant for purchasing pipe and has also taken plastic pipe but on the date of the occurrence, he has come to return the same with his worker and it is alleged that he has assaulted with iron rod on the head of the informant. 4. Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.20740 of 2026(2) dt.01-04-2026 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is suffering from heart disease. It has further been submitted that as per the case of the prosecution, the petitioner has come to change the plastic pipe, how can he assault with iron rod. It has further been submitted that during course of investigation, the victim has given his restatement and has stated that the petitioner has assaulted with iron pipe. It has also been submitted in F.I.R., the allegation is that the petitioner has assaulted with iron rod whereas in the restatement of informant, it has been stated that the petitioner has assaulted with iron pipe. As far as injury report is concerned, the informant has received though grievous injury but there is no repetition of blow. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 05.02.2026. 5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the application for 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 enlarged on bail on furnishing bail Patna High Court CR. MISC. No.20740 of 2026(2) dt.01-04-2026 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Samastipur in connection with Khanpur P.S. Case No. 230 of 2025. lata/- (Ashok Kumar Pandey, J) U T