Suraj Kumar @ Samrat @ Suraj Singh Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Rupau P.S. Case No. 80 of 2024 instituted for the offences under Sections 310(4)(5) of the Bhartiya Nyaya Sanhita, 2023.

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As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in making preparation for committing dacoity .

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of

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Patna High Court CR. MISC. No.616 of 2025(2) dt.10-01-2025 2/3

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the confessional statement of apprehended person namely Dilkush, and the same has no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no eye-witness to the alleged occurrence and none of the prosecution witnesses have supported the version of the Informant. During course of investigation, not a single eyewitness has come forward claiming to have seen the petitioner in the alleged occurrence. There is also no direct or indirect evidence against the petitioner which shows the complicity of the petitioner in the alleged occurrence. All the witnesses in this case are interested witnesses. The petitioner has no concern with the alleged occurrence. The petitioner has four criminal antecedents and is languishing in judicial custody since 18.09.2024 without any rhymes or reason. Other co-accused has been granted bail by this Court vide order dated 18-12-2024, passed in Cr. Misc. No. 86240 of 2024.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, let the petitioner, abovenamed, be released on bail on furnishing

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Patna High Court CR. MISC. No.616 of 2025(2) dt.10-01-2025 3/3

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bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rupau P.S. Case No. 80 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Suraj Kumar @ Samrat @ Suraj Singh v. The State of Bihar

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Suraj Kumar @ Samrat @ Suraj Singh v. The State of Bihar

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