Patna High Court
Suraj Kumar Das @ Suraj DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Suraj Kumar Das, sought anticipatory bail after an FIR alleged that he, along with others, participated in a violent assault on the informant’s mother‑in‑law, resulting in her death. The FIR listed offences under Sections 126(2), 115(2), 118(1), 103, 76, 352 and 3(5) of the Bharatiya Nyaya Sanhita, but the petitioner was only alleged to be a member of the unlawful assembly, with no specific overt act attributed to him. The petitioner argued that the allegations were general, he had a clean antecedent, and co‑accused had already been granted anticipatory bail in a similar case. The State opposed the bail. Considering the nature of the accusations, the petitioner’s clean record, and the precedent of bail to co‑accused, the Court allowed anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being alleged as a member of an unlawful assembly under the Bharatiya Nyaya Sanhita.
- Whether the general nature of the allegations and the petitioner’s clean antecedent justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103, 115, 118, 126, 3, 352, 482, 76
Subjects
- anticipatory bail
- unlawful assembly
- assault
- Bharatiya Nyaya Sanhita
- Section 482
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6716 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- Fekla District- Darbhanga
======================================================
Suraj Kumar Das @ Suraj Das S/o- Shree Ram Sewak Das Resident of
village- Milki Chak Ps- Bahadurpur District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikas Kumar Jha, Mr. Abhinav Kumar,
Mr. Ankush Sisodia, Advocates
For the Opposite Party/s : Mr. Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
103, 76, 352 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., informant alleged that on 09.08.2025,
all the F.I.R. named accused persons including this petitioner
came and co-accused Vijay Paswan and Pawan Paswan started
threatening mother-in-law of the informant while other accused
persons pulled her saree and made her naked and thereafter
assaulted her by iron rod. When informant went to rescue her,
then she was also assaulted and misbehaved with and in the
alleged occurrence, mother-in-law of the informant died.
4. Learned counsel for the petitioner submits that
during Panchayati, scuffle took place between both the parties.
Patna High Court CR. MISC. No.6716 of 2026(2) dt.11-02-2026
2/2
Allegation of assault is general and omnibus and there is no
allegation of specific overt act against petitioner rather he is
only alleged to be member of the unlawful assembly. Case and
counter case. Similarly situated co-accused persons have already
been granted anticipatory bail by this Court vide order dated
03.12.2025 passed in Cr. Misc. No. 82725 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Exclusive Special Judge
SC/ST (POA) Act, Darbhanga in connection with Fekla P. S.
Case No. 78 of 2025, subject to condition as laid down under
Section 482(2) of the BNSS.
(Prabhat Kumar Singh, J)
Navya/-
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