Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126, 303(2), 3(5), 351(2), 352, 482(2), 74
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
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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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