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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Suraj Kumar sought anticipatory bail after an FIR alleged his participation in an assault on an informant and his family, allegedly instigated by co‑accused Vijay Kumar. The petitioner claimed innocence, asserting the case was fabricated due to a property dispute and that only co‑accused Aniket Kumar was specifically charged. He highlighted his clean antecedents and pointed to a prior order granting anticipatory bail to similarly situated co‑accused. The State and the informant opposed the bail. Considering the general nature of the allegations, the minor injuries, the petitioner’s clean record, and parity with co‑accused, the court granted anticipatory bail subject to a bond and sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the general and omnibus allegations in the FIR
  • Whether the petitioner’s clean antecedents and parity with co‑accused warrant bail

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • property dispute
  • false case
  • clean antecedents
  • Bhartiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89947 of 2025
                         Arising Out of PS. Case No.-667 Year-2024 Thana- DIGHA District- Patna
                 ======================================================
                 Suraj Kumar Son of Sri Siya Ram Rai @ Siya Ram Ray @ Sima Ray
                 Resident of Kurji, Gate No. 68, Sadakat Ashram, P.S.- Digha, District - Patna

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Akhauri Kamal Kishore Sahay, Advocate
                 For the State           :        Mr. Pawan Kumar Chaurasia, APP
                 For the Informant       :        Mr. Kameshwar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 115(2),

                   126, 351(2), 352, 303(2), 74, 109 and 3(5) of the Bhartiya

                   Nyaya Sanhita.

                                3. As per F.I.R., all 13 named, including this petitioner

                   and 4 to 5 unknown accused persons, variously armed, came at

                   the place of occurrence and at the instigation of co-accused

                   Vijay Kumar, they started assaulting informant and his family

                   members. It is further alleged that when mother of informant

                   came there, she was also assaulted by the accused persons and
Patna High Court CR. MISC. No.89947 of 2025(2) dt.10-02-2026
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          thereafter, all the accused fled away threatening the informant

          and his family members.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, both parties are

          pattidars and due to property dispute, this false and concocted

          case has been lodged. From bare perusal of the F.I.R. it is

          apparent that specific accusation of assault is against co-accused

          Aniket Kumar. There is general and omnibus allegation against

          this petitioner. Injuries, allegedly caused by the accused persons,

          are simple in nature. It is further submitted that similarly

          situated co-accused persons have already been granted the

          privilege of anticipatory bail by this Hon’ble Court vide order

          dated 06.05.2025 passed in Cr. Misc. No. 26222 of 2025.

          Petitioner claims clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, nature of

          injuries sustained by the injured, claim based on parity and

          clean antecedents of the petitioner, the prayer for grant of
             Patna High Court CR. MISC. No.89947 of 2025(2) dt.10-02-2026
                                                         3/3




                       anticipatory bail to the petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Sub-Judge XIII-cum-

                       A.C.J.M.–13, Patna in connection with Digha P.S. Case No. 667

                       of 2024, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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