Patna High Court
Suraj Kumar @ Suraj RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Suraj Kumar, sought anticipatory bail in a criminal case (Rajapakar PS Case No. 39/2025) where he was alleged to have participated in the abduction and assault of a victim, offences charged under Sections 115(2), 109, 303(2), 140(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s narrative described the victim being forcibly taken, assaulted, and injured, while the petitioner claimed he was falsely implicated due to village politics and had no criminal antecedent. The State opposed the bail, but the court noted that the allegations were general, the injury was simple, and the victim’s statement had not been recorded. Observing that a co‑accused had already been granted anticipatory bail, the court inclined to extend the same relief to the petitioner. Accordingly, the court ordered anticipatory bail on a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and verification of any concealed criminal antecedent.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations and the nature of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 140(1), 303(2), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21204 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Suraj Kumar @ Suraj Raj son of Ram Kumar Rai @ Ram Kumar Resident of
Village -Lakhanpur Tal, Police Station- Desari, District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad, Adv
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rajapakar P.S. Case No. 39/2025 dated 31.01.2025
registered under Sections 115(2), 109, 303(2), 140(1) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution story, on the night of
30.01.2025 approximately at 8:30 P.M. the victim (brother of
the informant) Gautam Kumar received a telephone call from
the co-accused/Ayush Kumar. Subsequently, Ayush Kumar
arrived at the door of the informant, took his brother away on
his motorcycle. After some time, the informant received a phone
call from his brother that the co-accused/Ayush Kumar was
attempting to kill him. His brother informed that Ayush Kumar
along with the co-accused persons forcibly abducted him and
took him to some other place and subjected him to severe
Patna High Court CR. MISC. No.21204 of 2026(2) dt.08-04-2026
2/3
physical assault due to which he sustained injury. The
informant's brother was thrown out of the vehicle near six lane
highway at Kalyanpur where the informant and his family
members found his brother (victim) in unconscious condition.
The victim was admitted to Community Health Centre,
Rajapakar and thereafter he was shifted to a private hospital.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. He
further submits that he has falsely been implicated in the present
case due to previous enmity and dirty village politics. He further
submits that there is dispute between victim and co-accused
Ranjan Kumar and his family members and the petitioner has no
concern with the alleged occurrence. The petitioner has no
criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that general and omnibus
allegation has been levelled against the petitioner, doctor has
opined the injury as simple in nature and statement of the victim
has not been recorded during the course of investigation.
Another co-accused Ranjan Kumar has already been granted
privilege of anticipatory bail vide order dated 15.10.2025 passed
Patna High Court CR. MISC. No.21204 of 2026(2) dt.08-04-2026
3/3
in Cr. Misc. No. 39889 of 2025 (Annexure-3), this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, 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 Judicial Magistrate 1 st
Class, Vaishali at Hajipur in connection with Rajapakar P.S.
Case No. 39/2025 , subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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