Suraj @ Suraj Prasad @ Surat Prasad @ Surat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37715 of 2025 Arising Out of PS. Case No.-663 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Suraj @ Suraj Prasad @ Surat Prasad @ Surat Kumar son of Ramayan Rai Resident of Village - Dhum Nagar, P.S. - Ghorasahan, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Ranjan, Advocate Mr. Pritish Ranjan, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with others assaulted the son of the informant, namely, Sunny Kumar (deceased). It is specifically alleged that the petitioner has pressed his neck as a result of which, he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the post-mortem report it will transpire that the

Patna High Court CR. MISC. No.37715 of 2025(4) dt.01-09-2025 2/2 cause of death is not strangulation rather it was due to hemorrhage, shock and rapture of the lungs. It is further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 24.06.2023 and 02.08.2024 passed in Cr. Misc. No. 34951 of 2023 and Cr. Misc. No. 20225 of 2024 and its analogous case. The case of the petitioner stands on a similar footing and the nature of allegation is general and omnibus. Moreover, the petitioner is languishing in judicial custody since 18.08.2025 having no criminal antecedent.

5. Learned APP appearing for the State has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghorasahan P.S. Case No. 663 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 3rd, Sikrahana at Dhaka, East Champaran, Motihari. (Ashok Kumar Pandey, J) Jagdish/- U T