Patna High Court
Suraj Kumar Sigh @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Substances Act — s. 103, 109, 115(2), 117(2), 118(1), 118(2), 126(2), 303(2), 3(5), 351(3), 74
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
2/3
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
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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/-
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