Suraj @ Sadhu Ray @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65737 of 2025 Arising Out of PS. Case No.-795 Year-2024 Thana- DIGHA District- Patna ====================================================== Suraj @ Sadhu Ray @ Suraj Kumar S/o Dhananjay Ray R/o village- Gandhi Gali Ramjichak, PS- Digha, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandrashekhar Prasad, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP For the Informant :
Mr. Bhashkar Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Digha P.S. Case No. 795 of 2024 instituted for the offences under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that the accused persons including the petitioner brutally assaulted the informant and his brother due to which they sustained injuries.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No
Patna High Court CR. MISC. No.65737 of 2025(2) dt.18-09-2025 2/3 specific overt act is alleged against the petitioner. Learned counsel further submitted that the specific allegation of firing is against co-accused person namely Rashan Kumar @ David. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.05.2025 and has three criminal antecedents.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Digha P.S. Case No. 795 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
Patna High Court CR. MISC. No.65737 of 2025(2) dt.18-09-2025 3/3 bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T