Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78662 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- ARIYARI District- Sheikhpura ====================================================== Suraj Kumar S/o- Rajesh Tanti R/v- Ibrahimpur Ps- Bind Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ariyari P.S. Case No. 105 of 2025 instituted for the offences under Sections 127(2), 109, 140(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that the accused persons kidnapped the informant in a car, assaulted him and threatened him to kill but he somehow managed to escape. It is also alleged that 750ml country-made liquor has been recovered from the car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.78662 of 2025(3) dt.06-02-2026 2/3 Petitioner is not named in the F.I.R. He further submitted that petitioner has been apprehended on the basis on suspicion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Seized liquor does not belong to the petitioner and the petitioner has no concern with the vehicle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.08.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that victim in his statement recorded under Section 183 of the BNSS has stated that the accused persons including the petitioner kidnapped and assaulted him and even threatened him to kill. The allegation levelled against the accused persons including the petitioner is further corroborated by the injury report as the same states that the injuries sustained by the victim are simple in nature caused by hard and blunt substance. Learned APP submitted that since the petitioner was identified by the victim as one of the members of the accused persons who kidnapped and thrashed him, therefore, the petitioner does not deserve to be released on bail.

Patna High Court CR. MISC. No.78662 of 2025(3) dt.06-02-2026 3/3

6. Considering the aforesaid facts and circumstances of the case, Section 183 BNSS statement of the victim as also the injury report, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of four months from today. If any such application is filed, the learned Trial Court shall consider the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) manish/- U T