Patna High Court

Suraj Rai @ Suraj Gope @ Surja @ Suraj RayversusThe State of Bihar

Decided: 17 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The petitioner is entitled to bail as the evidence against him is indirect and he has been in pre‑trial detention for an extended period.

Summary

Suraj Rai applied for regular bail in a case registered under section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. The FIR records that a teenage co‑accused, Gaurav Kumar, fired at an informant, and a confessional statement of Gaurav Kumar alleged that Rai had supplied the illegal weapon, although Rai is not named in the FIR. The petitioner has been in custody since 8 May 2025 and a chargesheet has already been filed. The State opposed bail, but the court noted the lack of direct evidence against Rai, the fact that the alleged firing was solely attributable to Gaurav Kumar, and the prolonged pre‑trial detention. Consequently, the court ordered that Rai be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner, who is not named in the FIR and is implicated only through a co‑accused's confessional statement, is entitled to regular bail.
Whether the existence of a chargesheet and the nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act preclude bail.

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 309(6)

Subjects

bail
regular bail
pre‑trial detention
Bharatiya Nyaya Sanhita
Arms Act
confessional statement
co‑accused
chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69062 of 2025
                  Arising Out of PS. Case No.-28 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Suraj Rai @ Suraj Gope @ Surja @ Suraj Ray S/O Late Shiv Rai @ Late
                 Shivnath Rai resident of Sampatchak, P.S- Gopalpur, District- Patna.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akhauri Kamal Kishore Sahay, Advocate
                 For the Opposite Party/s :      Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER
6   17-01-2026                      1. Heard learned counsel for the parties.

                                    2. The petitioner has preferred this application for

                   grant of regular bail in connection with Ramkrishna Nagar P.S.

                   Case no.28 of 2025 registered under section 309(6) of the

                   Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

                                    3. As per the prosecution case, the informant states

                   that while he was going to have some snacks near the Bus

                   Stand, a 15-16 year old accused tried to snatch his articles and

                   thereafter fired two rounds on him causing firearm injury on his

                   back and thigh.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR. In course of investigation,

                   the accused who fired upon the informant was identified as co-

                   accused Gaurav Kumar. The petitioner has falsely been

                   implicated in the confessional statement of Gaurav Kumar who
            Patna High Court CR. MISC. No.69062 of 2025(6) dt.17-01-2026
                                                        2/2




                      made statement to the effect that he had purchased the illegal

                      arms and cartridge from the petitioner who was in custody on

                      the date of occurrence. There is no other materials except the

                      statement of the co-accused made before police. The petitioner

                      is in custody since 8.5.2025 and chargesheet has been submitted

                      in the case.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                      6. Having heard learned counsel for the parties and

                      taking into consideration the allegations in the FIR, the material

                      that has transpired in course of investigation, the allegation of

                      firing being solely on Gaurav Kumar and not the petitioner

                      herein who was in custody on the date of occurrence together

                      with the petitioner having remained in custody for 8 months

                      since 8.5.2025 and chargesheet having been submitted in the

                      case, the Court directs the petitioner to be enlarged on bail in

                      connection with Ramkrishna Nagar P.S. Case no.28 of 2025 on

                      furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Judicial Magistrate 1st Class, Patna.


                                                  (Partha Sarthy, J)
Saurabh/-
U      T

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