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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioners, holding that the seriousness of the offences and their antecedents preclude release on bail.

Summary

The petitioners, Suraj Kumar and Rohit Kumar, applied for bail in a case registered under Sections 115(2), 118(2), 127(1), 109, 303(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging that Rohit stabbed the victim while Suraj snatched a golden chain. The petitioners argued that Suraj was not involved in the stabbing and that both had been in custody since 30‑10‑2025. The State opposed bail, citing the FIR and injury report that identified both accused at the scene and highlighted the grievous nature of the injuries caused by a knife. The court noted the petitioners' prior criminal antecedents and the seriousness of the offences, and concluded that bail could not be granted. Consequently, the regular bail application was rejected.

Issues considered

  • Whether bail should be granted to the accused under the listed sections of the Bihar Narcotic Substances Act, 2023 given the nature of the offences and their antecedents
  • Whether the presence of petitioner no.1 at the scene, even without committing the stabbing, justifies denial of bail
  • Whether the petitioners can be said to have approached the court with clean hands

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • violent offence
  • stabbing
  • theft
  • antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8280 of 2026
                   Arising Out of PS. Case No.-354 Year-2024 Thana- BACHHWARA District- Begusarai
                 ======================================================
           1.     Suraj Kumar S/o Kari Paswan R/o Village- Chamtha, Balupar, Ward no 12,
                  Police station- Bachhwara, District- Begusarai
           2.    Rohit Kumar S/o Kari Paswan R/o Village- Chamtha, Balupar, Ward no 12,
                 Police station- Bachhwara, District- Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prerna Anand, Advocate.
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   01-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State Mr. Chandra Bhushan Prasad.

                                2. The petitioners seek bail in connection with

                   Bachhwara P.S. Case No.354/2024, registered for the offences

                   punishable under Sections 115(2), 118(2), 127(1), 109, 303(2)

                   and 3(5) of the BNS, 2023.

                                3. The Investigating Officer of the case, in compliance

                   of the order dated 23.04.2026 is present in the Court.

                                4. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of one case and petitioner no.2 is

                   a person with clean antecedent, on which, the learned APP after

                   perusing the case diary, submits that petitioner no.1 has
Patna High Court CR. MISC. No.8280 of 2026(3) dt.01-05-2026
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          antecedent of two cases and petitioner no.2 has antecedent of

          one case. Learned counsel for the petitioners next submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that specific allegation of stabbing the victim is against

          Rohit and petitioner no.1 is alleged to have snatched the golden

          chain of the victim, who fell on account of stabbing by Rohit. It

          is thus submitted that even presuming what has been alleged is

          true without admitting then petitioner no.1 is not alleged to have

          stabbed the victim. It is also submitted that petitioners are in

          custody since 30.10.2025.

                       5. Learned A.P.P. opposes the prayer for bail of the

          petitioners and submits that informant is father of the victim and

          he has specifically alleged that Rohit and petitioner no.1 were

          present at the place of occurrence and Rohit stabbed the victim

          while petitioner no.1 snatched his chain. It is further submitted

          that from perusal of the injury report, it would manifest that the

          same records -the injury to be grievous caused by sharp edged

          weapon (knife). It is also submitted that petitioner no.1 may not

          have stabbed the victim but then his presence at the place of

          occurrence emboldened Rohit to commit the occurrence of

          stabbing. It is also submitted that petitioners have not

          approached the court with clean hands.
             Patna High Court CR. MISC. No.8280 of 2026(3) dt.01-05-2026
                                                         3/3




                                    6. After hearing the learned counsel for the parties, the

                       Court is not inclined to release the petitioners on bail.

                                    7. The regular bail application of the petitioners is

                       rejected.

                                    8. The personal appearance of the Investigating

                       Officer of the case is dispensed with.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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