Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59900 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== Suraj Kumar Son of Damodar Yadav R/o Village - Kolhaya Patti, Ward no. 02, P.S. - Murliganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh, Adv For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 394 of the I.P.C. and Section 27 of the Arms Act.

3. The case of the prosecution, in short, is that, the husband of the informant, namely, Lambbu, was returning home on his motorcycle. In the meantime, some unknown miscreants intercepted him for lift and after that they tried to snatch the key of his motorcycle. When the victim objected, one of the miscreants had fired on the husband of the informant due to which he sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned

Patna High Court CR. MISC. No.59900 of 2025(3) dt.27-11-2025 2/3 counsel for the petitioner has submitted that there is no eye witness of the said occurrence even the informant had not named any persons. During course of the investigation, the petitioner has given his confessional statement in para 106 of the case diary in Murliganj P.S. Case No. 437 of 2024, wherein he has stated that when the husband of the informant objected the snatching of motorcycle, it was the co-accused Shankar Kumar Yadav who had fired upon the husband of the informant with his pistol. It has further been submitted that even if the confessional statement of the petitioner is taken to be true then also the allegation of firing is against the co-accused Shankar Kumar Yadav. It has further been submitted that nothing has been recovered from the possession of the petitioner. It has also been submitted that the petitioner has been framed in this case only on the basis of his criminal antecedents. Moreover, the petitioner is languishing in judicial custody since 30.11.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that petitioner is having criminal antecedent of seven cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.59900 of 2025(3) dt.27-11-2025 3/3 petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 107 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhepura/concerned Court below.

7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T