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Patna High CourtCR. MISC./33663/2026dismissed

Suraj Kumar v. The State Of Bihar

2026-07-15Mr. Justice Alok Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33663 of 2026 Arising Out of PS. Case No.-10 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Suraj Kumar S/o Guddu Singh R/o Village Kush Par aur Hander ke Beech, DJ ka ek Dukan, Shri Santosh Singh ke Makaan me Teesra Talla par Kirayedar, P.S.- Gaurichak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Ranjan Sinha, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 10 of 2024 registered for the offences u/s 307 of the IPC and 27 of Arms Act of the Indian Penal Code which is pending in the Court of learned Additional Chief Judicial Magistrate-II, Patna City.

3. The prosecution case, in short, is that on 29.12.2023 at about 03:00 pm, the informant received a call to come to the Sampachak Narayan Hospital as his son is admitted there in emergency. When the informant went to the hospital alongwith his relatives, he found that the police officers and media is already present there. On seeing the serious condition

Patna High Court CR. MISC. No.33663 of 2026(3) dt.15-07-2026 2/3 of his son, the informant transferred his son to the other hospital for better treatment and now his condition is much better. The victim boy told that the petitioner along with other co-accused asked him to come to take his money but the victim boy, instead of going to the house of co-acused Guddu Singh, he went to see his plot. On returning, the petitioner along with other coaccused surrounded him and pointed pistol on his temple upon which the friend of victim boy namely, Dharmendra Kumar pushed the co-accused Guddu Singh and Guddu Singh misfired from his pistol. Then after, the petitioner ordered his son, Suraj Kumar to shoot and then he shoot on the informant due to which the informant fell down on the floor. Then after, the accused persons fled away.

4. Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent and the entire allegation against the petitioner is totally false and baseless. The counsel further submitted that the informant's son has several criminal antecedents and is a criminal minded person.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that, there is a direct allegation of firing

Patna High Court CR. MISC. No.33663 of 2026(3) dt.15-07-2026 3/3 against the petitioner, in my view this is not a fit case for anticipatory bail.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Alok Kumar, J) Anand/- U T