Patna High Court
Suraj Saw @ Suraj Tailee @ Suraj TeliversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal for bail was dismissed, and the appellant must remain in custody until trial concludes.
Summary
The appellant, Suraj Saw, was charged with murder, attempted murder, criminal conspiracy, and offences under the Arms Act and SC/ST Act arising from a politically motivated shooting that killed the informant's brother and another victim. He applied for bail, which was denied by an Exclusive Special Judge. The appellant contended that he was falsely implicated due to political rivalry and that the trial had examined only five of eleven witnesses. The State and the informant opposed the bail, emphasizing the appellant's presence in the FIR and the seriousness of the offences. The Patna High Court, after considering the gravity of the charges and the appellant's antecedents, dismissed the appeal and ordered the trial to be concluded expeditiously, directing police officials to cooperate but dispensing with their personal appearance.
Issues considered
- Whether the appellant is entitled to bail pending trial for offences under Sections 307, 302, 120B, 34 of the IPC, Section 27 of the Arms Act and Section 3(2)(v) of the SC/ST Act
- Whether the evidence presented thus far justifies continued detention of the appellant
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- political rivalry
- SC/ST Act
- Arms Act
- high court
- exclusive special judge
- trial proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3641 of 2025
Arising Out of PS. Case No.-523 Year-2021 Thana- BARH District- Patna
======================================================
Suraj Saw @ Suraj Tailee @ Suraj Teli S/O Om Prakash Saw @ Aami Saw @
Umesh Saw @ Umesh Sah R/O Village- Pachami Pandarak, P.S.- Pandarak,
District- Patna, Bihar.
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Dharam Raj Kumar S/O Sri Krishna Mohan Prasad R/O Gopkita, P.S-
Pandarak, Distt.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Raj Krishna Jha
For the Respondent/s : Mr.Binay Krishna
For the Informant : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 12-05-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State and learned counsel for
the informant/Respondent No. 2.
2. This appeal has been filed against the order dated
12.08.2025 passed by learned Exclusive Special Judge, SC/ST
Act, Patna in Special Case No. 16 of 2022, arising out of Barh
P.S. Case No. 523/2021, registered for the offences under
Sections 307, 302, 120B, 34 of the Indian Penal Code, Section
27 of the Arms Act and Section 3(2)(v) of the SC/ST Act,
whereby the prayer for bail of the appellant has been rejected.
3. As per prosecution case, appellant and others are
Patna High Court CR. APP (SJ) No.3641 of 2025(8) dt.12-05-2026
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alleged to have committed murder of brother of the informant
Priyaranjan Kumar @ Gore Lal Yadav along with other co-
accused persons by causing firearms injury, while he was
returning from a marriage party, in the background of local
political rivalries. Brother of the informant died during
treatment. In the occurrence, Rajesh Kumar also sustained gun-
shot injuries and died.
4. Learned counsel for the appellant submits that
appellant has falsely been implicated in this case due to political
rivalry. There is general allegation against the appellant and
other co-accused persons that they have fired at the informant’s
brother. Appellant is in custody since 05.05.2022 and in the trial,
out of 11 witnesses only five have been examined yet.
5. Learned Special Public Prosecutor for the State as
well as learned counsel for the informant/Respondent No. 2
vehemently opposes the appeal and submits that the appellant is
named in the F.I.R. The SDPO, Barh, the SHO of Pandarak
Police Station and the I.O. of the case have appeared in this
Court and they have assured this Court that the witnesses will be
produced in the Court on the dates fixed. Learned counsel for
informant has also assured this Court that the informant will co-
operate in the trial.
Patna High Court CR. APP (SJ) No.3641 of 2025(8) dt.12-05-2026
3/3
6. Considering the accusation against the appellant,
the gravity of the offence and the antecedents of the appellant,
this appeal stands dismissed.
7. The trial Judge is directed to conclude the trial of
the petitioner at the earliest and if required, he will hold the trial
on day to day basis.
8. The informant is also directed to co-operate in the
trial.
9. The personal appearance of the police officials is
dispensed with.
(Sandeep Kumar, J)
Vikas/-
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