Patna High Court
Suraj Dubey@ Suraj DubeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Suraj Dubey was arrested on 18 June 2025 in connection with FIR dated 17 June 2025 for offences under the Bihar Narcotic Substances Act, 2023. The prosecution alleged that Dubey, along with other accused, assaulted the informant and his brother, causing injuries. The petitioner contended that the FIR contains only a generic allegation against ten accused and no specific charge against him, and pointed to the fact that similarly situated co‑accused had already been granted bail. The State opposed bail, highlighting the petitioner’s participation in the crime and his four prior criminal antecedents. Considering the lack of a specific allegation against the petitioner and the precedent of bail to co‑accused, the Court granted bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner in view of the absence of a specific allegation against him in the FIR
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 35192)
Subjects
- bail
- criminal procedure
- specific allegation
- prior criminal antecedents
- Bihar Narcotic Substances Act
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86806 of 2025
Arising Out of PS. Case No.-291 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Suraj Dubey@ Suraj Dube S/o Shankar Dubey @ Shankar Dube R/o Village -
Mangurahan Tajpur, P.S - Sahebganj, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
For the Informant : Mr. Ayush Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Sanjay Kumar S.K., learned counsel for
the petitioner, Mr. Ayush Kumar, learned counsel for the
informant and Mr. Pawan Kumar Chaurasia, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.06.2025 in connection with Sessions Tr. No. 780 of 2025
arising out of Sahebganj P.S. Case No. 291 of 2025, F.I.R. dated
17.06.2025 for the offences punishable under Sections 115(2),
126(2), 118(1), 117(2), 109, 35192) and 3(5) of the BNS, 2023.
3. According to prosecution case, the informant and
his brother were returning home and in the meantime, all the
accused persons including this petitioner intercepted them and
brutally assaulted them.
Patna High Court CR. MISC. No.86806 of 2025(2) dt.15-01-2026
2/4
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is named in the F.I.R but from perusal of
the F.I.R it appears that there is no specific allegation of assault
against the petitioner rather there is general and omnibus
allegation against 10 accused persons. He further submits that
the brother of the informant has received two injuries where one
injury is on the head and the same is simple in nature and the
second injury is grievous in nature but the same is not on the
vital part of the body. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
He further submits that similarly situated, co-accused, namely,
Shyambabu Dubey and Kailash Dubey have been granted bail
by a Co-ordinate Bench of this Court vide order dated
17.09.2025 passed in Cr. Misc. No. 67267 of 2025. The
petitioner is in custody since 18.06.2025.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioner and submits that the petitioner
has participated in the present crime in question and apart from
that the petitioner carries four criminal antecedents other than
the present one but fairly submits that the petitioner is on bail in
Patna High Court CR. MISC. No.86806 of 2025(2) dt.15-01-2026
3/4
all the pending matter.
6. Considering the aforesaid facts and circumstances
that there is no specific allegation against the petitioner and the
similarly situated co-accused persons have been granted bail by
a Co-ordinate Bench of this Court, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ASJ-17 th , Muzaffarpur in
connection with Sessions Tr. No. 780 of 2025 arising out of
Sahebganj P.S. Case No. 291 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.86806 of 2025(2) dt.15-01-2026
4/4
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…