Patna High Court
Sudhir Ray @ Sudhir Prasad @ Sudhir RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appellate court set aside the order rejecting bail and granted bail to the appellant.
Summary
The appellant, Sudhir Ray, was charged under multiple sections of the Bihar Narcotic Substances Act, the Arms Act and the SC/ST (Prevention of Atrocities) Act for the alleged murder of a deceased. His bail application was rejected by the SC/ST Exclusive Special Judge on 27‑11‑2025. The appellant appealed, claiming innocence and pointing out that a co‑accused, Shrawan Sah, had already been granted bail while the alleged assailant was identified as Sohail Ansari. The State and the informant opposed bail. The Patna High Court, after hearing counsel, set aside the lower court’s order and granted bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether the appellant is entitled to bail despite the serious nature of the offences charged.
- Whether the lower court erred in rejecting the bail application.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 115(2), 126(2), 3(5), 351(2), 351(3), 61(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- criminal procedure
- SC/ST (POA) Act
- Arms Act
- serious offences
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.169 of 2026
Arising Out of PS. Case No.-574 Year-2025 Thana- GARKHA District- Saran
======================================================
Sudhir Ray @ Sudhir Prasad @ Sudhir Ram Son of Surendra Ram @
Surendra Prasad Resident of Village - Garkha Ps- Garkha, Dist- Saran
... ... Appellant/s
Versus
1. The State of Bihar bihar
2. Tetari Devi wife of Sudarshan Manjhi Resident of Village - Garkha Ps-
Garkha, Dist- Saran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Kunal Tiwary
For the Respondent/s : Mr.Binay Krishna
For the Informant : Mr. Srinath Manjhi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard the parties including the learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 27.11.2025 passed by the learned SC/ST
Exclusive Special Judge, Chhapra, Saran, whereby the bail
application of the appellant in connection with Garkha P.S.
Case No. 574 of 2025 registered for the offence under Sections
126(2), 115(2), 103(1), 61(2), 351(2) and (3), 3(5) of the BNS
under Section 27 of the Arms Act and under Sections 3(1)(r)(s),
3(2)(va) of SC/ST (POA) Act, was rejected.
3. The appellant and others are said to have killed the
deceased.
Patna High Court CR. APP (SJ) No.169 of 2026(4) dt.23-04-2026
2/2
4. The appellant is in custody since 27.11.2025.
5. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case. He further submits that the assailant of the deceased is
one Sohail Ansari and similarly situated co-accused Shrawan
Sah has already been granted bail.
6. Learned Special P.P. for the State and informant
have vehemently opposed the prayer for grant of bail to the
appellant.
7. Considering the aforesaid facts, this application is
allowed and accordingly, the order dated 27.11.2025, is hereby
set aside.
8. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Garkha P.S.
Case No. 574 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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