Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89947 of 2025 Arising Out of PS. Case No.-667 Year-2024 Thana- DIGHA District- Patna ====================================================== Suraj Kumar Son of Sri Siya Ram Rai @ Siya Ram Ray @ Sima Ray Resident of Kurji, Gate No. 68, Sadakat Ashram, P.S.- Digha, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Akhauri Kamal Kishore Sahay, Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP For the Informant :
Mr. Kameshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 115(2), 126, 351(2), 352, 303(2), 74, 109 and 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., all 13 named, including this petitioner and 4 to 5 unknown accused persons, variously armed, came at the place of occurrence and at the instigation of co-accused Vijay Kumar, they started assaulting informant and his family members. It is further alleged that when mother of informant came there, she was also assaulted by the accused persons and
Patna High Court CR. MISC. No.89947 of 2025(2) dt.10-02-2026 2/3 thereafter, all the accused fled away threatening the informant and his family members.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, both parties are pattidars and due to property dispute, this false and concocted case has been lodged. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Aniket Kumar. There is general and omnibus allegation against this petitioner. Injuries, allegedly caused by the accused persons, are simple in nature. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 06.05.2025 passed in Cr. Misc. No. 26222 of 2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, nature of injuries sustained by the injured, claim based on parity and clean antecedents of the petitioner, the prayer for grant of
Patna High Court CR. MISC. No.89947 of 2025(2) dt.10-02-2026 3/3 anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge XIII-cumA.C.J.M.-13, Patna in connection with Digha P.S. Case No. 667 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T