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Patna High Court

Suraj Kumar Das @ Suraj DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
U       T


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