Suraj Kumar @ Tutu Singh @ Tuttu @ Suraj Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31802 of 2025 Arising Out of PS. Case No.-124 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Suraj Kumar @ Tutu Singh @ Tuttu @ Suraj Thakur S/o- Braj Kishore Thakur Resident of Vilage- Sirkohia PS- Saraiya (Jaitpur OP) DistrictMuzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 124 of 2022, giving rise to Sessions Trial No.808 of 2022, under Sections 302/201/120B/34 of the Indian Penal Code and under Section 27 of the Arms Act, pending in the Court of Addl. Sessions Judge-I, Muzaffarpur.
3. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.31802 of 2025(3) dt.01-08-2025 2/3 earlier bail application of the petitioner was rejected vide order dated 04.10.2024 passed in Cr. Misc. No.55444 of 2024.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the bail application of the petitioner was earlier rejected and trial Court was directed to expedite the Trial. Counsel submits that a report has been called for.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that report has been called for and antecedent of the petitioner is not clean.
6. From perusal of the report it transpires that there are in total seven witnesses in the charge sheet, out of which two have been examined and five witnesses are yet to be examined. It transpires that the Trial Court has demanded 9 months for conclusion of the Trial. The motorcycle of the deceased has been recovered during investigation and dead body of the husband of the informant was recovered behind a Government School and in the rejection order it has been acknowledged by this Court that petitioner's name has come in this case by virtue of confessional statement. In the report it is expected that trial will conclude within nine months.
7. In this background, this Court is not inclined to
Patna High Court CR. MISC. No.31802 of 2025(3) dt.01-08-2025 3/3 grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.
(Dr. Anshuman, J) Mkr./- U T