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Patna High Court

Suraj Kumar Sigh @ Suraj KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail, holding that the specific assault allegations and supporting medical evidence preclude the petitioner’s release.

Summary

Suraj Kumar was arrested on 17 October 2025 in connection with a violent incident at the informant’s house, where several accused, including the petitioner, allegedly used weapons such as garasa, swords and lathis to assault the informant and his family members. The petitioner sought bail, claiming a clean antecedent and that the allegations against him were vague and part of a personal dispute. The prosecution, supported by the FIR and medical evidence, argued that there were direct and specific allegations of assault by the petitioner, including an attack on the informant’s uncle. The court examined the seriousness of the charges under multiple sections of the Bihar Negotiable Substances Act and the presence of corroborative medical evidence. Finding the allegations specific and the offence grave, the court declined to grant bail, refusing the petitioner’s prayer.

Issues considered

  • Whether the petitioner is entitled to bail despite specific assault allegations supported by medical evidence
  • Whether the allegations against the petitioner are sufficiently specific to justify denial of bail

Legislation cited

Subjects

  • bail
  • assault
  • weapon offence
  • criminal procedure
  • medical evidence
  • specific allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30104 of 2026
                       Arising Out of PS. Case No.-394 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Suraj Kumar Sigh @ Suraj Kumar S/o- Sri Vijay Singh Village- Jamuna PS-
                 Mohanpur District- Gaya
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                          :       Mr. Rakesh Singh
                 For the Opposite Party/s :       Mr. Madhura Nand Jha
                 For the Informant        :       Mr. Aaruni Singh
                                          :       Mr. Sandip Kumar Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   08-07-2026                     Heard learned Senior Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   17.10.2025 in connection with Mohanpur P.S. Case No. 394 of

                   2025 for the offences punishable under Sections 109, 303(2),

                   103, 74, 126(2), 115(2), 118(1), 117(2), 118(2), 351(3), 3(5) of

                   B.N.S.

                                3. The case of the prosecution story is based upon the

                   typed application one Arun Kumar Singh on 16.10.2025 in

                   which he has stated that on 4.10.2025 at 9 AM in the morning

                   construction work of his house situated near hen far was on

                   progress thereafter 8 named accused persons including the

                   present petitioner armed with "Garasa", Sword. Iron and, lathi-

                   danda and started abusing the informant upon which Surendra

                   Singh co-accused assaulted an tried to pacify the matter.

                   Thereafter on the order of Vijay Singh petitioner Surendra Singh
Patna High Court CR. MISC. No.30104 of 2026(3) dt.08-07-2026
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          on his head by "Garasa", thereafter co-accused Chandan Kumar

          with sword, co-accuse Kundan Kumar with rod, co-accused

          Jagarnath Singh with Sabal, co-accused Ayodhya Singh with

          rod, co-accused Vijay Singh with lathi co-accused Vinod and

          Malti with lathi assaulted the informant and Santosh Kumar

          Singh on their head. It is further stated that one Krishna Singh

          also got injured in the alleged occurrence. It is further stated that

          co-accused Vijay Singh tried to fire with katta but it did not

          work. It is further stated that informant's house inmates namely

          Suhag Devi, Vivek Kumar, Anjan Kumari came to rescue upon

          which co-accused Vinod Singh, Suraj Kumar and              Chandan

          Kumar assaulted them, co-accused Surai Kumar Singh abused

          Anjan Kumari. Thereafter injured was taken to government

          hospital and from there injured Surendra Singh was referred to

          Ranchi RIIMS for better treatment.

                      4. Learned Senior Counsel for the petitioner submits

          that petitioner has clean antecedent and he has falsely been

          implicated in the present case. It is next submitted that it appears

          from the FIR that due to some pity dispute the present

          occurrence has taken place and there is no specific allegation of

          assault or overt act against the petitioner rather the allegations

          are general and omnibus in nature. It is next submitted that there
           Patna High Court CR. MISC. No.30104 of 2026(3) dt.08-07-2026
                                                       3/3




                     is a case and counter-case between both the parties.

                                 5. The learned Additional Public Prosecutor for the

                     State and learned counsel for the informant have vehemently

                     opposed the prayer for bail of the petitioner and submit that

                     from perusal of the FIR it appears that there is direct and

                     specific allegation of assault attributed against the petitioner that

                     he has assaulted to the uncle of the informant which is

                     supported by the medical evidence (postmortem report). Apart

                     from aforesaid, the petitioner has also abused one Anjan

                     Kumari.

                                  6. Considering the nature of allegation and the fact

                     that there is direct and specific allegation of assault supported

                     by the medical evidence, I am not inclined to enlarge the

                     petitioner on bail in connection with Mohanpur P.S. Case No.

                     394 of 2025 pending in the court of learned S.D.J.M., Sherghati,

                     District-Gaya.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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