Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner should be released on bail subject to prescribed conditions.
Summary
Suraj Kumar was arrested in connection with a violent incident at Singh Brothers Petrol Pump where several persons were allegedly armed and involved in the murder of Munna Singh and injuries to others. The prosecution’s case is based on a written complaint by an informant describing the assault and the use of various weapons, and the FIR was lodged two days after the incident. The petitioner contended that the FIR was fabricated, filed after a delay, and that he was falsely implicated, citing that co‑accused persons had already been granted bail in similar cases. The State opposed bail, arguing the petitioner’s participation in the killings and his prior criminal antecedents. The court, noting the bail granted to co‑accused and the lack of compelling reasons to deny bail, ordered the petitioner’s release on bail with conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the BNS Act and the Arms Act.
- Whether the delay in filing the FIR and alleged fabrication of the complaint justify denial of bail.
- Whether the bail granted to co‑accused persons influences the petitioner's bail application.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Substances Act — s. 103, 109, 115(2), 118(2), 126(2), 127(2), 190, 191, 192, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- FIR delay
- fabricated complaint
- Arms Act
- murder
- assault
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12123 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Suraj Kumar Son of Satrudhan Singh Resident Of Village - Kauria Tola Fateh
Rai, Ps -Bhagwanpur Hat, District -Siwan
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Thakur, Advocate
: Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P.
For the Informant : Mr. Bindhyachal Singh, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 19-06-2026 Heard Mr. Ajay Thakur , learned counsel for the
petitioner, Mr. Bindhyachal Singh, learned Senior Counsel for
the informant and Mr. Brajendra Nath Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.07.2025 in connection with Bhagwanpur Hat P.S. Case No.
313 of 2025 for the offences punishable under Sections 190,
191, 192, 126(2), 127(2), 115(2), 118(2), 109, 103, 61(2), 3(5)
of BNS and Section 27 of the Arms Act.
3. The prosecution case rest upon the written
complaint made by informant addressed to SHO, Bhagwanpur
Hat Police Station, Siwan. It has been alleged by the informant
that on 04.07.2025 the informant on his mobile phone received
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an information that at Singh Brothers Petrol Pump Malmaliya,
owned by Devnarayan Singh, some criminals armed with
weapons assembled out of criminal conspiracy for murdering
people of Kaudiya, Vaishya Toli as few days ago, Munna Singh
and Rohit Kumar had reported to present S.D.P.O Mahrajganj
that one Amitesh Kumar Singh, Son of Ram Kishore Singh is
indulged in selling illegal liquor as a result of which he got
arrested. It has been further alleged that the informant
subsequent to receipt of such information, reached Malmaliya
on his Motorcycle and saw his younger brother Munna Singh,
Kanhaiya Singh, Rohit Kumar, Vicky Kumar, Raushan Kumar
and while he was asking them to go to home in between one
Satrudhan Singh having pistol in one hand and Farsa in another
hand, Kedar Singh having sword in hand, Ram Kishore Singh
having sword in hand, Suraj Kumar having country made pistol
and Gupti in hand, Kishan Kumar, Kanchan Kumar @Kishu,
Deepak Kumar with sword and Sharp Daab, Amit Kumar Singh
with rod and Dagger, Rupesh Kumar Singh with sword, Pawan
Kumar with Farsa, Kalyan Kumar with country made pistol,
Prateek Kumar @ Chotu armed with pistol, Abhimanyu Singh
armed with rifle, Vijendra Yadav (Haiwa driver of Satrudhan
Singh) armed with country made pistol, Sonu Singh (driver of
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Prateek Kumar) armed with pistol and 10-15 more unknown
criminals came and Satrudhan Singh started assaulting Munna
Singh by Farsa continuously as a result of which Munna Singh
fell down. It has been further alleged that thereafter Kedar
Singh, Ram Kishore Singh, Deepak Kumar and Suraj Kumar
Started assaulting Munna Singh with weapons in their hand as a
result of which Munna Singh died on spot. It has been further
alleged that the informant upon seeing the same became
insensible. It has been also alleged that the criminals have also
made air firing and upon seeing that Kanhaiya Singh, Rohit
Kumar, Vicky Kumar and Raushan Kumar started to flee away
towards village through over bridge but all criminals having
weapons in hand chased them and on over bridge surrounded
them and there Rupesh Kumar assaulted Kanhaiya Singh by
sword and Pawan Kumar and Amit Kumar Singh assaulted with
weapon in their hand due to which Kanhaiya Kumar fell down,
thereafter Satrudhan Singh with Farsa assaulted Rohit Kumar on
his head as a result of which his head was broken and he fell
down. It has been further alleged that Suraj Kumar, Kalyan
Kumar and Kanchan Kumar having weapons in their hand
started assaulting as a result of which the head and face of Rohit
Kumar became disfigured. It has been alleged that Kishan
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Kumar assaulted Vicky Kumar with sword on his head as a
result of which he got injury on the head. It has been further
alleged that Kedar Singh, Kanchan Kumar and Deepak Kumar
assaulted Raushan Kumar with weapons in their hand due to
which his head, hand and legs were cut. It has been further
alleged by the informant that he, Amarjeet Singh, Vicky Kumar
and Himanshu Shekhar Singh ran after the miscreants to save
their villagers but the unknown criminals as well as Abhimanyu
Singh, Vijendra Yadav, Sonu Singh, Prateek Kumar @ Chhotu
encircled and started firing and due to fear they could not save
them. It has been further alleged that the criminals ran away
towards Malmaliya by firing in air and in the course of fleeing
away his villager Rajesh Singh saw that Satrudhan Singh @
Kaka gave some information to Akbar Ali Ansari and his son
Meraj Hussain. It has been further alleged that the said
information was given to him by his villager Rajesh Singh. It
has been also alleged by the informant that Raju Prasad and
Ajay Prasad while giving all the information prior to the
occurrence and after the occurrence to Pawan Kumar, associate
of Satrudhan Singh @ Kaka, hide the rod and stick used in
alleged occurrence and gave Pawan Kumar safe passage.
Further, the informant stated that the reason for delay in
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reporting the incident is due to treatment of nephew Raushan
Kumar.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case. It is
further submitted that the allegation as alleged in the FIR is
forged and fabricated and the petitioner has not committed any
offence as alleged in the FIR. Learned counsel for the petitioner
next submits that from perusal of the FIR it appears that the date
of occurrence is 04.07.2025 but the FIR has been instituted on
06.07.2025 i.e., after a delay of two days without giving any
explanation of delay. Apart from that before lodging the FIR,
postmortem has been conducted on 04.07.2025 itself and the
informant after knowing the postmortem report has lodged the
present FIR against the petitioner and other co-accused persons
which suggests that it is an afterthought FIR which has been
lodged only to falsely implicate the petitioner. It is further
submitted that the statement of the injured person, namely,
Vicky Kumar Singh has been recorded in paragraph no. 5 of the
case diary in which he has categorically stated that the co-
accused, namely, Shatrudhan Singh has assaulted one Munna
Singh by means of farsa continuously due to which Munna
Singh fell down, thereafter, co-accused persons, namely, Kedar
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Singh, Ram Kishore Singh, Deepak Kumar, Kishan Kumar and
Suraj Kumar (petitioner) also assaulted him and he died.
Learned counsel for the petitioner submits that for the same set
of allegation similarly situated co-accused persons, namely,
Ram Kishore Singh has been granted bail by Coordinate Bench
of this Court vide order dated 28.01.2026 passed in Cr. Misc.
No. 82590 of 2025, Deepak Kumar has been granted bail by
Coordinate Bench of this Court vide order dated 13.02.2026
passed in Cr. Misc. No. 82563 of 2025, Kanchan Kumar has
been granted bail by Coordinate Bench of this Court vide order
dated 14.05.2026 passed in Cr. Misc. No. 12864 of 2026. It is
next submitted that the police after investigation has submitted
charge-sheet and the petitioner is in custody since 29.07.2025.
5. The learned Additional Public Prosecutor for State
and learned Senior Counsel for the informant have vehemently
opposed the prayer for bail of the petitioner and submit that
petitioner has participated in the present crime in question and
petitioner along with co-accused persons have brutally assaulted
and killed altogether three persons. Apart from aforesaid, the
bail application of the co-accused person, namely, Kalyan
Kumar @ Kalyan Rawat has been rejected by a Coordinate
Bench of this Court and also the fact that the petitioner has
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antecedent of two cases other than the present case but fairly
submit that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
and the fact that co-accused persons, namely, Ram Kishore
Singh, Deepak Kumar and Kanchan Kumar have been granted
bail by Coordinate Benches of this Court let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Siwan in connection with Bhagwanpur Hat P.S. Case No. 313
of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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