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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                            2/3




          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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