Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.