Suraj Kumar @ Billa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53746 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- BEUR District- Patna ====================================================== Suraj Kumar @ Billa S/ Late Kameshwar Chaudhary Resident of villageNew Purandarpur, Do-Pulwa Shiv Path Gali, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Beur P.S. Case No. 125 of 2025 registered for the offences punishable under Sections 309(4) of the B.N.S. Act of the Indian Penal Code.
3. As per prosecution case, informant's Tata Magic vehicle was hired by one Nitish Kumar for carrying catering articles from Punpun to Gola Road. It is alleged that in the midway in between Sipara and Dashratha the said vehicle of the informant was taken away forcibly by unknown persons. It is also alleged that the said unknown persons also snatched Rs. 1500/- from the informant. The F.I.R. has been lodged against unknown.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name has surfaced
Patna High Court CR. MISC. No.53746 of 2025(2) dt.11-08-2025 2/3 on the confessional statement of the co-accused Jitendra Kumar. Except disclosure of the co-accused Jitendra Kumar, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner is innocent and has not committed any offence as alleged in the first information report. Petitioner has not been put on T.I.P. up-till-now. Nothing has been recovered from the possession of the petitioner. Learned counsel submits that the said vehicle was recovered near the roadside. Petitioner bears criminal antecedent of one case in which he is already on bail. Petitioner is in custody since 30.03.2025. Charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence.
Learned counsel for the petitioner submits that co-accused Jitendra Kumar, upon whose confession petitioner's name has surfaced in the present case, has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 41129 of 2025 (AnnexureP/3) and the case of the present petitioner stands more or less on similar footing and he deserves to be granted bail.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the
Patna High Court CR. MISC. No.53746 of 2025(2) dt.11-08-2025 3/3 case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and the fact that similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Patna in connection with Beur P.S. Case No. 125 of 2025 subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) mcverma/- U T