Patna High Court
Sudhir Ray @ Sudhir Kumar @ Sudhir Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.
Summary
Sudhir Ray applied for anticipatory bail after being named in an FIR alleging extortion, assault, and illegal possession of arms. He contended that the FIR was lodged 11 days after the alleged incidents, that the allegations were vague and omnibus, and that the case was a retaliatory filing against his own counter‑complaint. He also highlighted his clean antecedents and pointed out that a co‑accused, Baleshwar Rai, had already been granted anticipatory bail in a similar case. The State opposed the bail, arguing the seriousness of the offences. Considering the delay in filing, the general nature of the accusations, the petitioner’s clean record, and the principle of parity with the co‑accused, the court allowed the anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S. despite the serious nature of the alleged offences
- Whether the delay in filing the FIR defeats the prosecution’s case
- Whether the allegations are sufficiently specific to deny bail
- Whether parity with a co‑accused who was granted anticipatory bail warrants a similar order
Legislation cited
Subjects
- anticipatory bail
- delay in FIR
- general allegations
- parity
- clean antecedents
- criminal procedure
- Section 482
- B.N.S.
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39749 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Sudhir Ray @ Sudhir Kumar @ Sudhir Kumar Rai Son of Kameshwar Ray
Resident of Gram- Bishanpur Beri, Bishunpur Beri, P.O.- Bishanpur Beri,
Vishanpur Beri Matior, P.S.- Mohiuddin Nagar, Dist.- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Keshav Bhardwaj, Advocate
For the State : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109(1), 329(3), 329(4), 352, 351(2), 351(3) and
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, all the F.I.R. named
accused persons, including this petitioner, demanded extortion
of Rs. 50,000/- from the informant and threatened of dire
consequences if the payment is not made. Thereafter, on
22.07.2025, all the accused persons came to the house of
informant, abused him, fired shots and damaged his tractor. It is
Patna High Court CR. MISC. No.39749 of 2026(2) dt.29-06-2026
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further alleged that on 23.07.2025, all the accused persons,
including this petitioner, armed with deadly weapons, assaulted
informant and snatched his gold chain and cash of Rs. 80,000/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As per prosecution case, the alleged
occurrence took place on 22.07.2025 and 23.07.2025, whereas,
the present F.I.R. has been lodged after inordinate delay of 11
days on 04.08.2025 and there is no plausible explanation for the
same which itself makes the entire prosecution case doubtful. It
is further submitted that the present F.I.R. it counter-blast of
Mohiuddin Nagar P.S. Case No. 154 of 2025 which was lodged
by this petitioner against informant and others and in retaliation,
this false and concocted case has been lodged. Moreover,
allegation of assault is general and omnibus and no specific
accusation of overt act has been alleged against this petitioner. It
is lastly submitted that similarly situated co-accused person,
namely Baleshwar Rai, has already been granted the privilege of
anticipatory bail by a Co-ordinate Bench of this Hon’ble Court
vide order dated 07.05.2026 passed in Cr. Misc. No. 29567 of
2026. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.39749 of 2026(2) dt.29-06-2026
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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, case and
counter-case between the parties, claim based on parity and
clean antecedents of the petitioner, the prayer for grant of
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 S.D.J.M., Shahpur Patory,
Samastipur in connection with Mohiuddinnagar P.S. Case No.
164 of 2025, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
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