Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
Suraj Kumar applied for bail in a case involving alleged kidnapping, assault, and threats to kill, as well as possession of illicit liquor, under Sections 127(2), 109, 140(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution relied on the victim’s statement recorded under Section 183 of the BNSS and an injury report to identify the petitioner as one of the perpetrators. The petitioner contended that he was not named in the FIR, was falsely implicated, had no involvement with the seized liquor or vehicle, and had no prior criminal record. The High Court, after considering the victim’s statement and injury report, found the allegations sufficient to deny bail. The court rejected the bail petition, directed the trial court to expedite the trial, and allowed the petitioner to re‑apply for bail after four months if the trial remains pending.
Issues considered
- Whether the petitioner is entitled to bail despite the victim’s statement and injury report linking him to the alleged kidnapping and assault.
- Whether the lack of a specific overt act in the FIR and the petitioner’s claim of false implication justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 127(2), 140(1), 183, 3(5)
Subjects
- bail
- kidnapping
- assault
- threat to kill
- illicit liquor
- victim statement
- injury report
- criminal procedure
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78662 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Suraj Kumar S/o- Rajesh Tanti R/v- Ibrahimpur Ps- Bind Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinkar Kumar, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Ariyari
P.S. Case No. 105 of 2025 instituted for the offences under
Sections 127(2), 109, 140(1), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. Prosecution case, in short, is that the accused
persons kidnapped the informant in a car, assaulted him and
threatened him to kill but he somehow managed to escape. It is
also alleged that 750ml country-made liquor has been recovered
from the car.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.78662 of 2025(3) dt.06-02-2026
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Petitioner is not named in the F.I.R. He further submitted that
petitioner has been apprehended on the basis on suspicion.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. Seized liquor
does not belong to the petitioner and the petitioner has no
concern with the vehicle in question. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
06.08.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner stating that
victim in his statement recorded under Section 183 of the BNSS
has stated that the accused persons including the petitioner
kidnapped and assaulted him and even threatened him to kill.
The allegation levelled against the accused persons including
the petitioner is further corroborated by the injury report as the
same states that the injuries sustained by the victim are simple
in nature caused by hard and blunt substance. Learned APP
submitted that since the petitioner was identified by the victim
as one of the members of the accused persons who kidnapped
and thrashed him, therefore, the petitioner does not deserve to
be released on bail.
Patna High Court CR. MISC. No.78662 of 2025(3) dt.06-02-2026
3/3
6. Considering the aforesaid facts and circumstances
of the case, Section 183 BNSS statement of the victim as also
the injury report, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
8. Learned Trial Court is directed to expedite the trial.
9. However, liberty is granted to the petitioner to
renew the prayer for grant of bail before the Trial Court if the
trial is not concluded within a period of four months from today.
If any such application is filed, the learned Trial Court shall
consider the same on its own merit without being prejudiced by
this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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