Suryadeo Kumar @ Suryadeo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1026 of 2026 Arising Out of PS. Case No.-150 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Suryadeo Kumar @ Suryadeo Singh S/o Surendra Singh R/o Village-Dang, P.S.-Barachatti, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1366 of 2026 Arising Out of PS. Case No.-150 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Vinay Kumar S/o Bal Kishun Yadav R/Vill- Piprahi, P.S.- Barachatti, DisttGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 1026 of 2026) For the Petitioner/s :
Mr. Mahendra Thakur, Advocate For the State :
Mr.Madhura Nand Jha, APP (In CRIMINAL MISCELLANEOUS No. 1366 of 2026) For the Petitioner/s :
Mr.Rahul Kumar, Advocate For the State :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State.
02. Since the both the petitions arise out of Barachatti P.S. Case No. 150 of 2025 they are taken up together and are being disposed of by this common order.
03. In the present case, the petitioners seek bail in
2/4 connection with Barachatti P.S. Case No. 150 of 2025 registered for the alleged offences under Sections 311. 312 of B.N.S.
04. As per prosecution case, while the informant has been carrying garlic in a pickup van, the vehicle suffered a puncture. While the informant and his father-in-law had been changing tyre, some miscreants came there and tried to drag away the informant and in the scuffle the clothes of the informant was torn. The miscreants also assaulted the father-inlaw of the informant and later on, shot him. The name of the petitioners transpired during investigation for being involved in the occurrence.
05. Learned counsels for the petitioners submit that the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioners and the petitioners have not been put to any Test Identification Parade. Merely on suspicion based on the confessional statement of co-accused Guddu Kumar, the name of the petitioners transpired in this case. Except that there is no other material to substantiate the claim of the informant against the petitioners. The petitioners have no concern with co-accused, who named them in this case. Petitioner Suryadeo Kumar is
3/4 having antecedent of two cases and he is on bail in both the cases and petitioner Vinay Kumar is having clean antecedent. Petitioners are in custody since 24.06.2025 and 27.04.2025, respectively and charge sheet has been submitted.
06. Learned APP opposes the submission made on behalf of the petitioners.
07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material against the petitioners and also considering the period of custody of the petitioners and submission of charge sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Sherghati, Gaya/concerned Court in connection with Barachatti P.S. Case No. 150 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
4/4 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T