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Patna High Court

Sunil RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Sunil Rai, was arrested on 15 July 2025 in connection with a conspiracy to murder the informant's cousin on 13 July 2025. He is charged under Sections 103(1), 109, 61(2), 111 and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner applied for bail, arguing that he is only alleged to be a conspirator and that a co‑accused, Ranjay Kumar, had been granted bail in a similar case. The informant opposed bail, contending that the investigation has produced sufficient material and that the petitioner has a history of 27 criminal antecedents. The Court, after considering the seriousness of the allegations, the material collected and the petitioner’s criminal record, rejected the bail application but directed the trial court to expedite the trial given the length of his custody. Consequently, the bail petition was dismissed.

Issues considered

  • Whether bail should be granted to the petitioner charged with conspiracy to murder under the B.N.S., 2023.

Legislation cited

Subjects

  • bail
  • conspiracy
  • murder
  • criminal antecedent
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69351 of 2025
                      Arising Out of PS. Case No.-441 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sunil Rai S/o Late Baban Rai R/o Village - Fatehpur, P.S - Parsa, District -
                 Saran, Chapra
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Rana Vikram Singh, Advocate
                                                  Mr. Anuj Kumar, Advocate
                 For the State           :        Mr. Nirmal Kumar Sinha, APP
                 For the Informant       :        Mr. Arvind Kumar Sinha &
                                                  Mr. Ujjawal Kumar Singh, Advocates.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   27-01-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 103(1), 109, 61(2), 111, 3(5) of the

                   B.N.S., 2023.

                                3. The informant alleges that on 13.07.2025, all the

                   F.I.R. named accused persons including this petitioner, under a

                   conspiracy, killed his cousin.

                                4. Learned counsel for the petitioner submits that

                   petitioner is only alleged to be conspirator and is in custody

                   since 15.07.2025. Similarly situated co-accused Ranjay Kumar

                   has been granted bail by this Court, vide order dated 22.12.2025

                   passed in Cr.Misc. No. 86988 of 2025.
           Patna High Court CR. MISC. No.69351 of 2025(6) dt.27-01-2026
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                                  5. Learned counsel for the informant vehemently

                     opposes the prayer for bail and submits that during

                     investigation, sufficient material has come against this petitioner

                     and petitioner has got 27 criminal antecedent.

                                  6. Considering the nature of accusation, material

                     collected during course of investigation and criminal antecedent,

                     the prayer for bail of petitioner is rejected. However,

                     considering the fact that petitioner is in custody since

                     15.07.2025, the learned Trial Court is directed to expedite the

                     trial.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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