Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4046 of 2025 Arising Out of PS. Case No.-294 Year-2025 Thana- DEEPNAGAR District- Nalanda ====================================================== Suraj Kumar S/o Raj Kishor Prasad @ Raj Kishor Mahto R/o Village - Chorsua, P.S - Giriyak, District - Nalanda At present R/o village - Dumrawan, P.S - Deepnagar, District - Nalanda ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Sushila Devi W/o Om Prakash Paswan R/o village - Dumrawan, P.S - Deepnagar, District - Nalanda, Pin - 803101 ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sunil Prasad Singh, Advocate For the Respondent/s :
Mrs. Usha Kumari 1, SPP For the Informant :
Mr. Rajesh Kumar Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State, learned counsel for the informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellant against the order dated 27.08.2025 passed by learned Additional Sessions Judge-VI-cum-Special Judge SC/ST (POA) Act, Biharsharif at Nalanda whereby the prayer for bail of the appellant in connection with Deep Nagar P.S. Case No. 294 of 2025 under Sections 190, 191(2), 191(3), 126(2), 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of the Arms Act, Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST
Patna High Court CR. APP (SJ) No.4046 of 2025(5) dt.22-01-2026 2/3 Act and later on Sections 25(1-B)(a), 26, 35 of the Arms Act were added, was rejected.
3. Prosecution case, in short, is that the appellant along with other co-accused persons attacked and abused the informant, and shot dead the deceased persons namely Himanshu Kumar and Anu Kumari.
4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the appellant also submits no specific allegation has been attributed against the appellant rather the same is general and omnibus in nature. There is no allegation of assault on the appellant rather he is only member of the mob. It is next submitted that specific allegation of firing is levelled against co-accused Kaushal Kumar and Prashant Kumar. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against him. The appellant has no intention to disgrace the image of the informant in public view. The appellant is in custody since 08.07.2025 and has got no criminal antecedent.
5. Learned Special P.P. for the State and the informant
Patna High Court CR. APP (SJ) No.4046 of 2025(5) dt.22-01-2026 3/3 have vehemently opposed the prayer for grant of bail to the appellant and submits that there is specific allegation against the appellant of being involved in the commission of double murder in connivance of other co-accused persons. It is further submitted that on perusal of case diary, it transpires that witnesses have supported the prosecution case in paragraph nos. 12, 20, 21, 63, 64, 65, 66 and 67. Hence, the appellant does not deserve the privilege of bail. Learned Special PP further submitted that prayer for grant of bail of a co-accused person has already been rejected vide order dated 20.11.2025 passed in Cr. Appeal (SJ) No. 3746 of 2025.
6. Considering the aforesaid facts and circumstances of the case as also nature and gravity of the offence, this Court is not inclined to grant bail to the appellant at this juncture.
7. Accordingly, the appeal stands dismissed.
(Rudra Prakash Mishra, J) Alok Verma/- U T