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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

Suraj Kumar applied for bail in a case originally registered under Section 140(2) of the B.N.S., later amended to include Sections 103, 238, 61(2) and 3(5) of the B.N.S. and Sections 25(1‑b)a, 26, 27 and 35 of the Arms Act. The FIR was filed against an unknown person for the missing son of the informant; during investigation the body was recovered and the petitioner’s name emerged, along with a pistol used in the crime. The petitioner, who was not named in the FIR and claims innocence, has been in custody since 20‑12‑2024 and has no prior criminal record. The State and the informant opposed bail, citing the seriousness of the offences and the recovered weapon. The Court, after considering the gravity of the offences and the material evidence, rejected the bail plea and directed the trial court to expedite the trial within one year.

Issues considered

  • Whether bail should be granted to the petitioner given the seriousness of the offences and the material evidence recovered

Legislation cited

  • Arms Act — s. 25(1-b)a, 26, 27, 35
  • B.N.S. — s. 103, 140(2), 238, 3(5), 61(2)

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • serious offences
  • expedited trial
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5079 of 2026
                     Arising Out of PS. Case No.-877 Year-2024 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Suraj Kumar Son of Mahesh Sah Resident of village - Bhairokothi, P.S.-
                 Sitamarhi, District - Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Ranjeet Kumar Mishra, Advocate
                 For the State            :        Mr. Vinod Shanker Modi, APP
                 For the Informant        :        Ms. Archana Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 140(2) of the B.N.S. and later

                   on, Sections 103, 238, 61(2) and 3(5) of the B.N.S. and Sections

                   25(1-b)a, 26, 27 and 35 of the Arms Act were added.

                                3. F.I.R. was registered against unknown for missing

                   of son of informant. During investigation, on disclosure of one

                   co-accused person, dead body of son of informant was

                   recovered.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence.

                   Petitioner is not named in the F.I.R.. Name of petitioner
             Patna High Court CR. MISC. No.5079 of 2026(2) dt.16-02-2026
                                                         2/2




                       transpired in this case during investigation. Moreover, charge-

                       sheet has already been submitted and petitioner, having no

                       criminal antecedents, is in custody since 20.12.2024.

                                    5. On the other hand, learned A.P.P. for the State and

                       learned counsel for the informant have vehemently opposed the

                       prayer for grant of bail to the petitioner and submitted that name

                       of petitioner transpired during investigation and on the

                       disclosure made by this petitioner, the pistol which was used in

                       commission of the offence was recovered.

                                    6. Considering the facts and circumstances of the

                       case, gravity of offence and materials that have surfaced during

                       investigation, the prayer for grant of bail to the petitioner is

                       rejected.

                                    7. However, considering the fact that petitioner is in

                       custody since 20.12.2024, the learned trial court is directed to

                       expedite the trial and conclude the same, preferably within a

                       period of one year from the date of receipt/production of a copy

                       of this order.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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