Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal is dismissed and bail is denied to the appellant.
Summary
The appellant, Suraj Kumar, was charged with multiple offences under the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (POA) Act for allegedly participating in a mob that attacked an informant and shot dead Himanshu Kumar and Anu Kumari. The appellant pleaded innocence, arguing that the charge‑sheet contains only general, omnibus allegations and that he was merely a member of the mob without any specific act of firing or caste‑based insult. The State, represented by the Special Public Prosecutor, contended that there are specific allegations of his involvement in a double murder and cited several witness statements supporting the prosecution. The High Court examined the gravity of the offences, the lack of a specific allegation against the appellant under the SC/ST Act, and his custodial status since July 2025. Concluding that the nature and seriousness of the charges warranted denial of bail, the Court dismissed the appeal.
Issues considered
- Whether bail should be granted to the appellant in view of the charges under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST (POA) Act.
- Whether the charge‑sheet contains specific allegations against the appellant sufficient to justify denial of bail.
- Whether the appellant’s alleged conduct amounts to an offence under the SC/ST (POA) Act.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 3(1)(r), 3(1)(s), 3(2)(va), 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 126(2), 190, 191(2), 191(3), 61(2)
Subjects
- bail
- double murder
- SC/ST Act
- Arms Act
- criminal procedure
- mob participation
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4046 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Suraj Kumar S/o Raj Kishor Prasad @ Raj Kishor Mahto R/o Village -
Chorsua, P.S - Giriyak, District - Nalanda At present R/o village - Dumrawan,
P.S - Deepnagar, District - Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Sushila Devi W/o Om Prakash Paswan R/o village - Dumrawan, P.S -
Deepnagar, District - Nalanda, Pin - 803101
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Prasad Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : Mr. Rajesh Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 22-01-2026 Heard learned counsel for the appellant, learned
Special Public Prosecutor for the State, learned counsel for the
informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant
against the order dated 27.08.2025 passed by learned Additional
Sessions Judge-VI-cum-Special Judge SC/ST (POA) Act,
Biharsharif at Nalanda whereby the prayer for bail of the
appellant in connection with Deep Nagar P.S. Case No. 294 of
2025 under Sections 190, 191(2), 191(3), 126(2), 103(1), 61(2)
of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of
the Arms Act, Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST
Patna High Court CR. APP (SJ) No.4046 of 2025(5) dt.22-01-2026
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Act and later on Sections 25(1-B)(a), 26, 35 of the Arms Act
were added, was rejected.
3. Prosecution case, in short, is that the appellant
along with other co-accused persons attacked and abused the
informant, and shot dead the deceased persons namely
Himanshu Kumar and Anu Kumari.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
Learned counsel for the appellant also submits no specific
allegation has been attributed against the appellant rather the
same is general and omnibus in nature. There is no allegation of
assault on the appellant rather he is only member of the mob. It
is next submitted that specific allegation of firing is levelled
against co-accused Kaushal Kumar and Prashant Kumar.
Learned counsel for the appellant further submits that the
appellant has not taken the caste name of the informant in public
view. Hence, no offence under the provisions of SC/ST Act is
made out against him. The appellant has no intention to disgrace
the image of the informant in public view. The appellant is in
custody since 08.07.2025 and has got no criminal antecedent.
5. Learned Special P.P. for the State and the informant
Patna High Court CR. APP (SJ) No.4046 of 2025(5) dt.22-01-2026
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have vehemently opposed the prayer for grant of bail to the
appellant and submits that there is specific allegation against the
appellant of being involved in the commission of double murder
in connivance of other co-accused persons. It is further
submitted that on perusal of case diary, it transpires that
witnesses have supported the prosecution case in paragraph nos.
12, 20, 21, 63, 64, 65, 66 and 67. Hence, the appellant does not
deserve the privilege of bail. Learned Special PP further
submitted that prayer for grant of bail of a co-accused person
has already been rejected vide order dated 20.11.2025 passed in
Cr. Appeal (SJ) No. 3746 of 2025.
6. Considering the aforesaid facts and circumstances
of the case as also nature and gravity of the offence, this Court is
not inclined to grant bail to the appellant at this juncture.
7. Accordingly, the appeal stands dismissed.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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