Patna High Court
Sukhdeo Rai @ SukhdeoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Narcotic Substances Act — s. 109(1), 132, 190, 191(2), 191(3), 303(2), 324(4)
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
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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
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(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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