Patna High Court
Suraj Patel @ Suraj Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail cannot be granted as the offences are grave and charges have already been framed.
Summary
The petitioner, Suraj Patel, sought regular bail for offences under IPC sections 385 (dacoity), 307 (attempt to murder), 387 (attempt to commit culpable homicide), 34 (common intention) and Arms Act section 27, arising from an alleged extortion and shooting incident. The prosecution alleged that a gang led by Rohit Yadav extorted money and, upon non-payment, fired at the informant's house. The petitioner has been in custody since 24 November 2025, and his name appears in a co-accused's self‑inculpatory statement and other material evidence. The petitioner argued that only charges have been framed and no witnesses examined, warranting bail. The court, noting the gravity of the offences and that charges were already framed, declined to revisit its earlier order and dismissed the bail application.
Issues considered
- Whether regular bail can be granted to the petitioner despite the gravity of the offences and the framing of charges
- Whether the presence of the petitioner’s name in a co‑accused’s statement and other material precludes bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 385, 387
Subjects
- regular bail
- IPC
- Arms Act
- extortion
- attempt to murder
- dacoity
- criminal conspiracy
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22281 of 2026
Arising Out of PS. Case No.-317 Year-2022 Thana- DARAUNDA District- Siwan
======================================================
Suraj Patel @ Suraj Kumar Prasad Son of Arjun Prasad Resident of Vill. -
Balangir, P.S. - Maharajganj, Dist - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Anupam, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Daraundha P.S. Case
No. 317 of 2022 registered for the offence under Sections 385,
307, 387, 34 of the Indian Penal Code and under Section 27 of
Arms Act. Earlier the bail application of the petitioner was
rejected vide order dated 27.08.2025 passed in Cr. Misc. No.
48603 of 2025.
3. As per the prosecution case, criminals of gang of
one Rohit Yadav, demanded extortion money on mobile phone
of the informant and after non payment of the extortion money,
the criminals visited the house of the informant and had fired
which did not hit the informant.
Patna High Court CR. MISC. No.22281 of 2026(2) dt.30-04-2026
2/2
4. The petitioner is in custody since 24.11.2025.
5. The name of the petitioner has come in the self
inculpatory statement of the co-accused and other materials
have also come to connect the petitioner with the crime. It is
next submitted by learned counsel for the petitioner submits that
in the trial only charges have been framed but no witness has
been examined yet.
6. Considering the gravity of the offence and the fact
that charges have been framed, this Court is not inclined to
review its earlier order.
7. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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