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Patna High CourtCR. MISC./30104/2026rejected

Suraj Kumar Sigh @ Suraj Kumar v. The State Of Bihar

2026-07-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30104 of 2026 Arising Out of PS. Case No.-394 Year-2025 Thana- MOHANPUR District- Gaya ====================================================== Suraj Kumar Sigh @ Suraj Kumar S/o- Sri Vijay Singh Village- Jamuna PSMohanpur District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate :

Mr. Rakesh Singh For the Opposite Party/s :

Mr. Madhura Nand Jha For the Informant :

Mr. Aaruni Singh :

Mr. Sandip Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 17.10.2025 in connection with Mohanpur P.S. Case No. 394 of 2025 for the offences punishable under Sections 109, 303(2), 103, 74, 126(2), 115(2), 118(1), 117(2), 118(2), 351(3), 3(5) of B.N.S.

3. The case of the prosecution story is based upon the typed application one Arun Kumar Singh on 16.10.2025 in which he has stated that on 4.10.2025 at 9 AM in the morning construction work of his house situated near hen far was on progress thereafter 8 named accused persons including the present petitioner armed with "Garasa", Sword. Iron and, lathidanda and started abusing the informant upon which Surendra Singh co-accused assaulted an tried to pacify the matter. Thereafter on the order of Vijay Singh petitioner Surendra Singh

Patna High Court CR. MISC. No.30104 of 2026(3) dt.08-07-2026 2/3 on his head by "Garasa", thereafter co-accused Chandan Kumar with sword, co-accuse Kundan Kumar with rod, co-accused Jagarnath Singh with Sabal, co-accused Ayodhya Singh with rod, co-accused Vijay Singh with lathi co-accused Vinod and Malti with lathi assaulted the informant and Santosh Kumar Singh on their head. It is further stated that one Krishna Singh also got injured in the alleged occurrence. It is further stated that co-accused Vijay Singh tried to fire with katta but it did not work. It is further stated that informant's house inmates namely Suhag Devi, Vivek Kumar, Anjan Kumari came to rescue upon which co-accused Vinod Singh, Suraj Kumar and Chandan Kumar assaulted them, co-accused Surai Kumar Singh abused Anjan Kumari. Thereafter injured was taken to government hospital and from there injured Surendra Singh was referred to Ranchi RIIMS for better treatment.

4. Learned Senior Counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is next submitted that it appears from the FIR that due to some pity dispute the present occurrence has taken place and there is no specific allegation of assault or overt act against the petitioner rather the allegations are general and omnibus in nature. It is next submitted that there

Patna High Court CR. MISC. No.30104 of 2026(3) dt.08-07-2026 3/3 is a case and counter-case between both the parties.

5. The learned Additional Public Prosecutor for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner and submit that from perusal of the FIR it appears that there is direct and specific allegation of assault attributed against the petitioner that he has assaulted to the uncle of the informant which is supported by the medical evidence (postmortem report). Apart from aforesaid, the petitioner has also abused one Anjan Kumari.

6. Considering the nature of allegation and the fact that there is direct and specific allegation of assault supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Mohanpur P.S. Case No. 394 of 2025 pending in the court of learned S.D.J.M., Sherghati, District-Gaya.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Gaurav Sinha/- U T