Suraj Basfore @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23158 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Suraj Basfore @ Suraj Kumar Son of Sawaru Basfor Resident of Village - Kahla, Bishunpur, P.S.- Barauli, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Natraj Verma, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Sessions Trial No. 73 of 2025, arising out of Manjhagarh P.S. Case No. 243 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(1), 109(1), 103 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3.
The case of the prosecution is that on 26.08.2024 at about 11:30 PM, the informant was going to Dharmparsa on his bike to see the fair along with his friends, namely, Vinay Kumar and Govinda Kumar, meanwhile, on the way accused Prakash Shrivastava, Mirza Zisan and Suraj Kumar (petitioner) attacked with a knife due to which Vinay Kumar got serious injury in the
Patna High Court CR. MISC. No.23158 of 2025(5) dt.04-08-2025 2/3 chest and the informant also attacked with a knife in the stomach due to which the informant also got injured. 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-08-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet is submitted in this case. During investigation, Salman has given his statement and has stated that Prakash Shrivastava, Suraj Shrivastava and Suraj Basphore (petitioner) assaulted Vinay with belt and punch. After this, Govinda, Prince and Sameer was threatened on gun point. Suraj Shrivastava caught Vinay and Prakash Shrivastava assaulted with knife in the chest of Vinay. When he tried to rescue, petitioner caught his hand and Suraj Shrivastava assaulted him with knife. Other similarly situated co-accused person has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 29-01-2025, passed in Cr. Misc. No. 82092 of 2024. 6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.23158 of 2025(5) dt.04-08-2025 3/3 of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.
8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 73 of 2025, arising out of Manjhagarh P.S. Case No. 243 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T