Patna High Court
Suraj Kumar Singh @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted; the bail application was dismissed.
Summary
The petitioner, Suraj Kumar Singh, applied for regular bail in a case involving the double murder of a father and son, charged under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, asserted that there was no direct evidence linking him to the crime, and had been in custody since 4 November 2025. The State contended that the petitioner was one of the hired assailants and highlighted his three prior criminal convictions. The Court examined the seriousness of the offences, the nature of the alleged involvement, and the petitioner’s criminal antecedents. Concluding that the gravity of a double murder warranted denial of bail, the Court dismissed the regular bail application, noting that its observations were prima facie and would not affect the trial.
Issues considered
- Whether regular bail can be granted to an accused of double murder under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
- Whether the absence of direct evidence and the petitioner’s claim of innocence justify the grant of bail.
- Whether the petitioner’s three prior criminal antecedents preclude the grant of regular bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
Subjects
- regular bail
- double murder
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Arms Act
- high court
- bail dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17198 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Suraj Kumar Singh @ Suraj Kumar S/O Satyug Singh Resident of Village -
Karisath, P.S- Gajrajganj(udwantnagar), District- Bhojpur Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
Mr. Chandan Kumar
For the Opposite Party/s : Mr.Tarun Prasad Mandal
For the Informant : Mr. Mohit Shriwastava
Mr. Ayush Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ara Muffasil P.S. Case No. 299 of 2025 registered for the
offence under Sections 103(1) and 61(2) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, unknown criminals
killed the father and his son. The petitioner is alleged to have
participated in the commission of the said offence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that the petitioner is in
Patna High Court CR. MISC. No.17198 of 2026(3) dt.13-05-2026
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custody since 04.11.2025. It is also contended that there is no
direct evidence connecting the petitioner with the alleged crime.
5. Per contra, learned counsel for the State as well as
learned counsel for the informant have vehemently opposed the
bail application. It is submitted that during investigation it has
come that the offence was committed by hired assailants and
the petitioner is one of the hired criminals who participated in
the commission of the double murder. It is further submitted that
the petitioner has three criminal antecedents.
6. Having considered the nature and gravity of the
offence and the fact that it is a case of double murder, this Court
is not inclined to grant regular bail to the petitioner.
Accordingly, this application for regular bail stands dismissed.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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