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Patna High Court

Sukhdeo Rai @ SukhdeoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to the stipulated bond, sureties and conditions.

Summary

The petitioners – Ashok Rai, Sukhdeo Rai and Ranjit Kumar – were arrested in connection with an illicit‑liquor raid (Athmalgola PS Case No. 411 of 2025) and charged under several sections of the Bihar Narcotic Substances Act. The prosecution alleged that a mob attacked police, snatched a breath‑analyzer and a mobile phone, and the petitioners were named in the FIR based on local enquiries. The petitioners contended they were innocent, had clean antecedents, no police officer was injured, and the specific allegation of snatching the breath‑analyzer pertained to another co‑accused. They had been in custody since November–December 2025 and a charge‑sheet had been filed; two co‑accused had already been granted bail. The court, after considering the facts, the period of detention and the charge‑sheet, granted bail to all three petitioners subject to a Rs 10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S. and additional court‑imposed terms.

Issues considered

  • Whether the petitioners are entitled to bail under Section 480(3) of the Bihar Narcotic Substances (Special) Act despite the allegations of participation in the mob attack.
  • Whether the presence of co‑accused who have been granted bail influences the bail application of the petitioners.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Narcotic Substances Act
  • criminal procedure
  • charge sheet
  • surety
  • police assault

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.6017 of 2026
    Arising Out of PS. Case No.-411 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Ashok Rai Son of Lalu Rai R/o Village - Ganjpar, P.S. - Athmalgola, Dist. -
Patna.

                                                                ... ... Petitioner/s
                                     Versus
The State of Bihar
                                       ... ... Opposite Party/s
======================================================
                                       with
            CRIMINAL MISCELLANEOUS No. 6026 of 2026
    Arising Out of PS. Case No.-411 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Sukhdeo Rai @ Sukhdeo S/O Late Tilak Rai R/O Village- Ganj Par, P.S-
Athmalgola, Dist.- Patna.

                                                                ... ... Petitioner/s
                                     Versus
The State of Bihar
                                       ... ... Opposite Party/s
======================================================
                                       with
            CRIMINAL MISCELLANEOUS No. 6057 of 2026
    Arising Out of PS. Case No.-411 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Ranjit Kumar Son of Late Devendra Ray Resident of Village - Dariyapur,
Bakhtiarpur, P.S. - Athmalgola, Bakhtiarpur, Patna.

                                                                ... ... Petitioner/s
                                     Versus
The State of Bihar

                                       ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 6017 of 2026)
For the Petitioner/s     : Mr.Amaresh Kumar, Advocate
                           Ms. Anamika Anshu, Advocate
                           Ms. Shambhavi Mansi, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 6026 of 2026)
For the Petitioner/s     : Mr.Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 6057 of 2026)
For the Petitioner/s     : Mr.Arun Kumar, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
         Patna High Court CR. MISC. No.6017 of 2026(2) dt.04-02-2026
                                                     2/4




                                                  ORAL ORDER

2   04-02-2026                  Since all the three petitions arise out of Athmalgola

                   P.S. Case No. 411 of 2025 they are taken up together and are

                   being disposed of by this common order.

                                02. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                03. In the present case, the petitioners seek bail in

                   connection with Athmalgola P.S. Case No. 411 of 2025

                   registered for the alleged offences under Sections 191(2),

                   191(3), 190, 132, 109(1), 324(4), 303(2) of B.N.S.

                                04. As per prosecution case, in a drive against sale,

                   purchase, transportation and use of illicit liquor, raids were

                   being conducted by the police. During this drive, at one place

                   beside the road, 4-5 persons were found creating commotion.

                   Two of them were apprehended and tested by breath analyzer

                   when a co-accused snatched the machine and threw it down.

                   Co-accused Mukesh Kumar called out the persons from nearby

                   and 15-20 persons assembled who attacked the police party with

                   stones and bricks and snatched a mobile phone from one of the

                   police personnels. The petitioners were named in the FIR on the

                   basis of enquiry from local people.

                                05. It has been submitted on behalf of the petitioners

                   submits that the petitioners are innocent and have been falsely
Patna High Court CR. MISC. No.6017 of 2026(2) dt.04-02-2026
                                            3/4




          implicated in this case. There is general and omnibus allegation

          against the petitioners. No person of the police party received

          injury. The allegation of snatching breath analyzer machine and

          throwing it is against co-accused Mantu Kumar and not against

          the petitioners. The petitioners are in custody since 14.11.2025,

          12.11.2025 and 08.12.2025, respectively. The petitioners are

          having clean antecedent and charge sheet has been submitted. It

          has further been submitted that two co-accused with specific

          allegation against one of them have been granted bail vide order

          dated 15.01.2026 passed in Cr. Misc. No. 1368 of 2026.

                       06. Learned APP opposes the submission made on

          behalf of the petitioners.

                       07. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioners and submission of charge

          sheet, the petitioners above named are directed to be released on

          bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of    learned       Sub-divisional         Judicial   Magistrate,   Barh,

          Patna/concerned Court in connection with Athmalgola P.S. Case

          No. 411 of 2025, subject to the conditions mentioned in Section

          480(3) of B.N.S.S. and also the following conditions :
            Patna High Court CR. MISC. No.6017 of 2026(2) dt.04-02-2026
                                                        4/4




                                                      (i) One of the bailors will be a close

                                                      relative of the petitioners.

                                                      (ii) The petitioners will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioners will be liable to be

                                                      cancelled by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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