Patna High Court
Suraj Malik @ Suraj MllikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, Suraj Malik and Bipat Malik, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault and homicide during a funeral ash immersion on the Ganga river. The prosecution alleged that the petitioners, along with other accused, assaulted an informant and his companions, resulting in the death of the informant's brother. The petitioners contended they were innocent, asserting that the FIR specifically named other co‑accused (Ranjan Kumar, Raja Mallick, Sunil Malllick) and that the allegations against them were vague and omnibus, and they highlighted their clean antecedent. The State opposed the bail application. The Court, considering the nature of the accusation and the petitioners' clean antecedent, granted anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, subject to a bail bond and sureties, and directed that if arrested within eight weeks the bail be enlarged.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the allegations.
- Whether the allegations against the petitioners are sufficiently specific to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 352
Subjects
- anticipatory bail
- Section 482
- clean antecedent
- criminal procedure
- assault
- homicide
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91864 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Suraj Malik @ Suraj Mllik S/o Bipat Malik @ Vipat Malik @ Vipat Mllik
Resident of Village- Pattar Ghat, P.S.- Mohanpur, District- Samastipur
2. Bipat Malik @ Vipat Malik @ Vipat Mllik S/o Vechan Malik @ Bechan
Malik @ Bechan Mllik Resident of Village- Pattar Ghat, P.S.- Mohanpur,
District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 27-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 103(1), 191(2), 190,
126(2), 115(2), 109, 352 of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 1.2.25 at about 6 PM,
informant along with others was doing ritual of immersion of
funeral ashes (asthi visarjan) on the bank of River Ganga in the
meantime, all the F.I.R. named accused persons, including these
petitioners, came there and assaulted informant and others by
means of lathi, danda, iron rods as a result of which, brother of
the informant died.
Patna High Court CR. MISC. No.91864 of 2025(4) dt.27-04-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. As per
F.I.R., it was co-accused Ranjan Kumar, Raja Mallick and Sunil
Malllick who assaulted the deceased with lathi. Allegation
against petitioner is general and omnibus. Case and counter
case. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Samastipur in connection with Shahpur Patori P. S.
Case No. 40 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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