Patna High Court
Suraj Ram @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the allegations of assault causing fourteen injuries were deemed serious.
Summary
Petitioners Suraj Ram and Prabhat Kumar sought anticipatory bail in a case where they were alleged to have, along with others, assaulted the son of an informant, causing fourteen injuries and stealing Rs. 50,000, a gold locket and a mobile phone. The FIR charged them under several provisions of the Bharatiya Nyaya Sanhita, including sections dealing with assault, robbery and grievous hurt. The petitioners claimed innocence, clean antecedents and argued that the assault allegation was vague. The court examined the seriousness of the allegations, the nature of the injuries sustained, and the specific charges. Finding the accusations substantial and the injuries serious, the court refused the prayer for anticipatory bail.
Issues considered
- The court must decide whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita given the nature of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 127(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- grievous hurt
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77992 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- SUGAULI District- East Champaran
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1. Suraj Ram @ Suraj Kumar Son of Tunni Ram Resident of Village -
Nauadih, Ward no. - 03, Nagar Panchayat, P.S. - Sugauli, Dist. - East
Champaran.
2. Prabhat Kumar @ Prabhu Ram Son of Madan Ram R/o Village - Naudih,
Ward no. 03, Nagar Panchayat, P.S. - Sugauli, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 31-03-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Sugauli P. S. Case
No. 115 of 2025 registered for the offences punishable under
Sections 126(2), 127(2), 115(2), 109, 303(2), 352, 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., these petitioners along with co-
accused Satya Ram and some unknown miscreants assaulted the
son of informant with lathi and snatched Rs. 50,000/-, gold
locket and mobile phone of the son of informant as a result of
which he sustained 14 injuries.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.77992 of 2025(4) dt.31-03-2026
2/2
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus. Petitioners claim
clean antecedent.
5. Considering the nature of accusation and the fact
that son of informant sustained 14 injuries, prayer for
anticipatory bail of the petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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