Patna High Court
Sunil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S., 2023 — s. 103(1), 109, 111, 3(5), 61(2)
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
2/2
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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