Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45101 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== 1.
Suraj Kumar S/o Khubal Singh @ Sunil Kumar Vill. - Katorwa, PS - Bodhgaya, Distt.- Gaya 2.
Subhash Kumar S/o Khubal Singh @ Sunil Kumar Vill. - Katorwa, PS - Bodhgaya, Distt.- Gaya 3.
Deepak Kumar S/o Khubal Singh @ Sunil Kumar Vill. - Katorwa, PS - Bodhgaya, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-07-2025 Heard Mr. Praveen Kumar, learned counsel for the petitioners and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bodhgaya P.S. Case No. 194 of 2025, F.I.R. dated 15.03.2025 for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 318(1), 109, 303(2), 324(4) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 14.03.2025 around 5:00 P.M., the petitioners along with 16 others assaulted the informant's daughter and son-in-law. Co-accused, Bhola
2/4 Singh hit the informant's daughter on the head with a rod, while Guddi Devi attacked the son-in-law with a tangi. Sohan Devi and Aarti Devi also assaulted the informant with a tangi. Shyam Singh and Shankar Singh inflicted head injuries on the daughter of the informant and cut her finger. They also vandalized the house, stole Rs. 15,000/- and Shyam Singh took her mangalsutra.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedent and it appears from the F.I.R. that due to some petty dispute, the present occurrence has taken place. Although, the petitioners are named in the F.I.R. and there is specific allegation against them that they have assaulted the informant and his family members. Although, they have received injury but injury report of the injured persons suggests that the injury is simple in nature.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts that the petitioners have clean antecedent and injury inflicted upon the injured persons is simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the court below
3/4 within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodhgaya P.S. Case No. 194 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure /Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Neha/- U T