Suraj Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50753 of 2025 Arising Out of PS. Case No.-821 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Suraj Bind S/o Kailash Bind, Resident of Village- Aamtola, Jagdishpur, P.S.- Muffasil, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ujjawal Kumar Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 821/2024, registered for the offence under Sections 109, 318, 352 and 3(5) of the Bharatiya Nyaya Sanhita and 27 Arms Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 03.05.2025.

4. The allegation against the petitioner is to involve in the occurrence, where one of the co-accused opened fire upon the informant, which accidentally hit to his mother, causing firearm injury.

5. Learned Counsel appearing on behalf of the petitioner submitted that the allegation of firing is not

Patna High Court CR. MISC. No.50753 of 2025(2) dt.15-09-2025 2/3 available against this petitioner, as same is specifically available against Rahul Kumar @ Anda. It is pointed out that the occurrence took place in the background of land dispute, where this petitioner was implicated only being the friend of main co-accused. It is also submitted that except the allegation of shouting and using abusive words, no overt act appears attributed against this petitioner, who is a man of clean antecedent and, moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as prima facie allegation of firing is not available against this petitioner, rather same is available against co-accused Rahul Kumar @ Anda, coupled with the fact that investigation of this case is already completed, where petitioner being man of clean antecedent, remains in custody since 03.05.2025, accordingly, petitioner above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.50753 of 2025(2) dt.15-09-2025 3/3 Muffasil P.S. Case No. 821/2024, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T