Suraj Kumar @ Suraj Sriwastava @ Aditya Sriwastava @ Narayan Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53412 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Suraj Kumar @ Suraj Sriwastava @ Aditya Sriwastava @ Narayan Srivastava S/o Rajendra Prasad Sriwastava R/o Village- Kamalpur, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Verma, Advocate Mr. Vyas Kumar Mishra, Advocate For the State :

Mr. Aditya Narayan Singh.1, APP For the Informant :

Mr. Devashish Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 243 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(1), 109(1), 103 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The case of the prosecution is that on 26.08.2024 at about 11:30 PM, the informant was going to Dharmparsa on his bike to see the fair along with his friends, namely, Vinay Kumar and Govinda Kumar, meanwhile, on the way accused Prakash Shrivastava, Mirza Zisan and Suraj Kumar attacked with a knife

Patna High Court CR. MISC. No.53412 of 2025(3) dt.15-09-2025 2/3 due to which Vinay Kumar got serious injury in the chest and the informant also attacked with a knife in the stomach due to which the informant also got injured.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-06-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet is submitted in this case. During investigation, Salman has given his statement and has stated that Prakash Shrivastava, Suraj Shrivastava (petitioner) and Suraj Basphore assaulted Vinay with belt and punch. After this, Govinda, Prince and Sameer was threatened on gun point. Suraj Shrivastava (petitioner) caught Vinay and Prakash Shrivastava assaulted with knife on the chest of Vinay. When he tried to rescue, co-accused caught his hand and Suraj Shrivastava (petitioner) assaulted him with knife. Other similarly situated co-accused person has been enlarged on bail by this Court vide order dated 04-08-2025, passed in Cr. Misc. No. 23158 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Patna High Court CR. MISC. No.53412 of 2025(3) dt.15-09-2025 3/3 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manjhagarh P.S. Case No. 243 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T