Patna High Court
Suraj Kumar @ Suraj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner under Section 438(2) of the CrPC.
Summary
The petitioner, Suraj Kumar, was implicated in a police case alleging assault with an iron rod and lathi, resulting in injuries to the informant's son, under IPC sections 341, 323, 324, 307, 504, 379 and 34. He applied for anticipatory bail, claiming innocence and that the police investigation had cleared him, filing a final report exonerating him. The learned magistrate, however, proceeded to take cognizance against him despite the police report. The High Court examined the police’s final exoneration and the lack of substantive evidence linking the petitioner to the offence. Relying on Section 438(2) of the Code of Criminal Procedure, the Court found no justification to deny bail and therefore granted anticipatory bail subject to a bond and sureties. The order directs that if arrested within four weeks, the petitioner be released on bail upon furnishing the required bond.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted when the investigating police have exonerated the accused.
- Whether the magistrate’s cognizance is justified despite the police’s final report clearing the petitioner.
Legislation cited
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- false implication
- police exoneration
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9284 of 2026
Arising Out of PS. Case No.-326 Year-2023 Thana- ISUAPUR District- Saran
======================================================
Suraj Kumar @ Suraj Singh Son of Pawan Singh Resident of Village-
Ramchaura, P.S.- Ishuapur, District- Saran, Bihar- 841411
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yashraj Bardhan
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 26-02-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Isuapur Police Station Case No. 326 of 2023, dated
18.12.2023, disclosing offences punishable under
Sections 341/323/324/307/504/379/34 of the Indian Penal
Code.
3. The prosecution case, as per the First Information Report,
is that on 17.12.2023, while the son of the informant was
returning from Madhaura and reached near Ramchaura
Narad Chowk, the petitioner, along with co-accused Vipul
Kumar Singh and two unknown persons assaulted him
with iron rod and lathi, due to which he received injuries
on his head and nose.
Patna High Court CR. MISC. No.9284 of 2026(2) dt.26-02-2026
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4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case due to previous enmity. He next submits that
after completion of investigation, the police has not found
the involvement of this petitioner in the alleged offence
and submitted final form. However, the learned
Magistrate, differing with the police report, has taken
cognizance against the petitioner also.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
after completion of investigation, the police has not found
the involvement of this petitioner in the alleged offence
and has filed final form exonerating the petitioner, I am
inclined to grant the petitioner privilege of anticipatory
bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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 learned
Judicial Magistrate, 1st Class, Saran, at Chapra, in
Patna High Court CR. MISC. No.9284 of 2026(2) dt.26-02-2026
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connection with Ishuapur Police Station Case No. 326 of
2023, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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