Surma Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52257 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- Mission District- Sheikhpura ====================================================== 1.
SURMA KUMAR S/o- Bundel Paswan Village- RAmpur Sinday PsMission Dist- Sheikhpura 2.
Karan Kumar S/o- Bundel Paswan Village- RAmpur Sinday Ps- Mission Dist- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Prasad For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Mission P.S. Case No.28 of 2025 under Sections 127(1), 115(2), 118(1), 352, 109(1), 74, 191(2), 351(2), 190, 303(2) of the BNS, 2023, which is pending before the court of CJM, Sheikhpura.
3. As per the prosecution, the FIR has been lodged against 8 named accused persons including the petitioners against whom there is allegation of assault by iron rod to the informant which caused injury.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners have been falsely implicated in this case. He further submits that the allegation made by the
Patna High Court CR. MISC. No.52257 of 2025(2) dt.12-08-2025 2/2 informant is fully concocted and fabricated. He further submits that both parties are resident of same village and has no concern with the said occurrence.
5. Counsel also submits that antecedent of the petitioners is clean.
6. Learned APP for the State opposes the prayer for bail and the specific allegation is against the petitioners.
7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners, therefore the bail application of the petitioners is hereby rejected.
8. However, trial court is directed to consider the regular bail application of the petitioners, if they surrender and pray for regular bail, then trial court shall pass order on merit, without being prejudice of the present order preferably on the same day.
(Dr. Anshuman, J.) Prakashmani/- U T