Patna High Court
SurajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Suraj, sought regular bail in a case registered under sections 109 and 61(2) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act. The prosecution alleged that Suraj, along with several others, was involved in an assault on the informant's brother, resulting in serious injuries, and that they conspired to help a co‑accused escape. The petitioner’s counsel argued that the allegations were vague, there were no eyewitnesses, and that similar co‑accused had already been granted bail, emphasizing that Suraj had been in custody since December 2025. The State opposed the bail, contending that the seriousness of the offences warranted continued detention. After hearing both sides, the court found the petitioner's arguments persuasive and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under sections 109, 61(2) of BNS and section 27 of the Arms Act
- Whether the prosecution’s evidence is sufficient to justify denial of bail
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109, 61(2)
Subjects
- regular bail
- bail petition
- criminal procedure
- conspiracy
- arms act
- section 109
- section 61(2)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24769 of 2026
Arising Out of PS. Case No.-385 Year-2024 Thana- MUNGER MUFFASIL District- Munger
======================================================
Suraj Son of Santosh yadav Resident of Village - Mohalla Sitakund Dih, P.S. -
Muffasil.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 109 and
61(2) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that on 30.10.2024,
the informant after taking meal at night was going towards Sita
Kund, he saw that his brother Md. Ali Akbar was sitting at tea
shop. Thereafter, his brother along with 7-8 persons proceeded
towards east then the informant asked him where you were
going. One person namely, Lalji @ Lal Baboo who was along
with brother of informant told the informant that they were
going towards village Dih and they would return after attending
a party. The brother of informant had gone towards village Dih
Patna High Court CR. MISC. No.24769 of 2026(2) dt.16-04-2026
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along with accused persons namely, Suraj the petitioner, Lalji @
Lal Baboo, Sudhanshu @ Shubham Paswan, Nikesh Kumar,
Rahul Choudhary, Shirkant Chodhary, Sunny Kumar and Sonu
Kumar. At late night, the informant tried to contact with his
brother but mobile phone of his brother was found switched off.
On searched on 31.10.2024, the informant came to know that
his brother was found unconscious at the Bathan of Lalji @ Lal
Baboo. When the informant reached there, he found that his
brother was found soaked with blood and there was an injury on
his right side of head. In the meanwhile, Bul Bul Devi came and
threatened that her son and his associates assaulted him. The
brother of informant was brought to Sadar Hospital, Munger
from where he was referred to National Hospital, Munger and
thereafter he was referred to Patna for better treatment. The
informant believed that Bul Bul Devi and co-accused persons
along with this petitioner have committed the offence under
conspiracy and also helped her son Lalji @ Lal Baboo to
escape.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on suspicion. There is no any specific
allegation against the petitioner rather the nature of allegation is
Patna High Court CR. MISC. No.24769 of 2026(2) dt.16-04-2026
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general and omnibus. The petitioner has no concern with the
alleged occurrence. There is no eye witness of the alleged
occurrence. Learned counsel has further submitted that similarly
situated several co-accused persons have been granted bail by
learned co-ordinate Bench of this Court vide Annexure-P/2
series of this petition. Moreover, the petitioner is in custody
since 24.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Muffasil P.S. Case No. 385 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Munger.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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