Patna High Court
Suraj kumar @ Suraj SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
Bail was denied as the court gave priority to societal concern over the accused’s liberty.
Summary
The petitioner, Suraj Kumar, was charged under Sections 109, 132, 121(1), 324(4), 3(5) of the B.N.S., Section 3 of the Prevention of Damage to Public Property Act, and Sections 25(1‑b)(a), 26, 27 and 35 of the Arms Act for possession of a loaded country‑made pistol. The petitioner has fourteen prior criminal cases, which the court considered a serious antecedent. The petitioner applied for bail, arguing that his liberty should be protected. The court, relying on the Supreme Court’s observation in Ash Mohammad v. Shiv Raj Singh (2012) 9 SCC 446, held that societal concern outweighs the individual’s right to liberty in such circumstances. Consequently, the bail application was rejected, with the court noting that its observations are prima facie and limited to the bail application.
Issues considered
- Whether bail should be granted to an accused with multiple serious charges and a substantial criminal antecedent
- How to balance the societal concern for public safety against the individual liberty of the accused in bail matters
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- B.N.S. — s. 109, 121(1), 132, 324(4), 3(5)
- Prevention of Damage to Public Property Act — s. 3
Subjects
- bail
- criminal antecedent
- arms possession
- public safety
- individual liberty
- judicial discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33796 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Suraj kumar @ Suraj Sahani S/o Upendra Sahani R/o Vill. - Rampur
Bhoriyahi @ Sadhanpura, P.S. - Kathaiya, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Paroo
(Paru) P.S. Case No. 344 of 2025, registered for the offences
punishable under Sections 109, 132, 121(1), 324(4), 3(5) of the
B.N.S., Section 3 of the Prevention of Damage to Public
Property Act, and Sections 25(1-b)(a), 26, 27, and 35 of the
Arms Act.
3. The allegation is that one loaded country-made
pistol was recovered from the possession of the petitioner.
4. The petitioner carries the antecedent of fourteen
cases. Considering the fact that he is a threat to society, this
Court is not inclined to grant bail to the petitioner. The Hon’ble
Supreme Court in Ash Mohammad vs. Shiv Raj Singh @ Lalla
Patna High Court CR. MISC. No.33796 of 2026(3) dt.24-06-2026
2/2
Babu, reported in (2012) 9 SCC 446, has observed in para 30 as
follows:
“We do not deny for a moment
that period of custody is a relevant factor
but simultaneously the totality of
circumstances and the criminal
antecedents are also to be weighed. They
are to be weighed in the scale of
collective cry and desire. The societal
concern has to be kept in view in
juxtaposition of individual liberty. Regard
being had to the said parameter we are
inclined to think that the social concern
in the case at hand deserves to be given
priority over lifting the restriction of
liberty of the accused.”
5. Accordingly, the prayer for bail of the petitioner is
hereby rejected.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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