Patna High Court
Suraj Kumar @ Suraj PrakashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Suraj Kumar was named in an FIR for alleged assault on a police constable during an incident at Barabar hill, with charges under several IPC sections including assault and attempt to murder. He contended that he was not present at the scene, the allegations were vague, and he had a clean antecedent. The petitioner highlighted that similarly situated co‑accused had already been granted anticipatory bail by the same court. The State opposed the bail application. Considering the lack of specific evidence, the petitioner’s clean record, and the precedent of bail to co‑accused, the court granted anticipatory bail subject to a bond and sureties under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and the evidence on record
- Whether the petitioner’s clean antecedent and the grant of anticipatory bail to co‑accused warrant the same relief
Legislation cited
- Indian Penal Code — s. 307, 323, 333, 338, 34, 341, 353, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bihar High Court
- clean antecedent
- co‑accused precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80305 of 2025
Arising Out of PS. Case No.-104 Year-2022 Thana- BARABAR TOURIST District-
Jehanabad
======================================================
Suraj Kumar @ Suraj Prakash, aged about 30 years, Male, Son of Shiyaram
Singh, Resident of Village- Gauharpur, P.S.- Khijarsaraye, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Barabar Prayatan (Vishunganj) P.S. Case No. 104 of 2022
instituted for the offences punishable under Sections 341, 323,
307, 333, 338, 353, 504 and 506/34 of the Indian Penal Code.
3. As per allegation in the FIR, the informant was
returning from Mela duty from Barabar hill, then one
motorcyclist parked his bike on the way, when the informant
tried to remove his motorcycle, then all the accused persons
including the petitioner attacked on the police constable, due to
which the informant sustained head injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
Patna High Court CR. MISC. No.80305 of 2025(3) dt.11-02-2026
2/3
been implicated in this case merely on the basis of suspicion. He
submits that the petitioner is not present at the spot. He further
submits that the allegation against the petitioner is not specific
rather general and omnibus. He next submits that similarly
situated co-accused persons have already been granted
anticipatory bail by a Co-ordinate Benches of this Court.
Petitioner has got clean antecedent as stated in para 3 of the
petition.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned District and Sessions Judge, Jehanabad dated
21.09.2022, it appears that only on the basis of written report of
the informant, FIR has been registered under Sections 341, 323,
307, 333, 338, 353, 504 and 506/34 of the Indian Penal Code
against four co-accused persons including the present petitioner
and the allegation is that he attacked on the police constable,
due to which he sustained head injury. The injury report of the
informant was treated by the doctor of sadar hospital which is
simple in nature. Similarly situated co-accused persons namely,
Ankit Kumar and Amit Kumar @ Amit @ Ganesh have already
been granted anticipatory bail by a Co-ordinate Benches of this
Patna High Court CR. MISC. No.80305 of 2025(3) dt.11-02-2026
3/3
Court in Cr. Misc. Nos. 31803 of 2023 and 76001 of 2023 vide
orders dated 20.07.2023 and 10.11.2023, respectively, so
considering all these aspects of the case and submission of
learned counsel for the petitioner, I am inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, let the petitioner above named in the
event of his arrest or surrender before the Court below within
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate-1st Class, Jehanabad in connection with
Barabar Prayatan (Vishunganj) P.S. Case No. 104 of 2022,
subject to the conditions laid down in Section 482(2) of the
BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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