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Patna High Court

Sunil Kumar Rai @ Sunil Kumar @ Sunil Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is appropriate and granted it subject to the stipulated conditions.

Summary

The petitioner, Sunil Kumar Rai, sought anticipatory bail fearing arrest in a case registered under several offences of the Bharatiya Nyaya Sanhita, 2023, including assault, attempted murder and extortion. The prosecution alleged that the petitioner assaulted the informant, fired a weapon, and demanded protection money. The petitioner contended that the allegations were false, arising from a family dispute, and that he has a clean antecedent. The court examined the merits of the bail application under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court granted anticipatory bail with specific conditions regarding sureties, personal appearance, and possible cancellation for future offences or concealment of antecedents. The order emphasized that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further similar offences.
  • Whether the seriousness of the alleged offences precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • extortion
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82139 of 2025

                    Arising Out of PS. Case No.-144 Year-2025 Thana- JURAWANPUR District- Vaishali
                 ======================================================
                 Sunil Kumar Rai @ Sunil Kumar @ Sunil Kumar Ray, Son of Shivdayal Ray,
                 Resident of Village - Parharpur, P.S. - Jurwanpur, Dist. - Vaishali.


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


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kaushal Kumar Jha, Sr. Adv.
                                                  Mr. Siddharth Aditya, Adv.
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   15-01-2026                   Heard the learned Senior Counsel appearing for the

                   petitioner and the learned A.P.P. for the State.

                                 2. The petitioner is apprehending his arrest in

                   connection with Jurawanpur P.S. Case No. 144 of 2025

                   registered for the offence(s) under Section(s) 115(2), 118(2),

                   126(2), 109, 351(2) and 352 of the Bharatiya Nyaya Sanhita,

                   2023 (B.N.S.).

                                 3. As per the prosecution case, the informant has

                   alleged that the named accused person, i.e., the petitioner,
Patna High Court CR. MISC. No.82139 of 2025(2) dt.15-01-2026
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          caught him and started assaulting him and thereafter the

          petitioner is said to have fired on his left leg and another bullet

          which was fired upon him, passed near his ear, however it did

          not hit the informant and then the accused is said to have

          threatened him to deposit Rs. 1,00,000/- as protection money.

                        4. The learned Senior Counsel appearing for the

          petitioner submits that the petitioner has falsely been implicated

          in this case and no such incident as stated has occurred. It has

          been submitted that the petitioner and the informant are agnates

          and the genealogy table has been detailed in paragraph 6 of the

          application.      It has further been submitted that the injury

          sustained by the informant is found to be simple in nature

          received on the non-vital part of the body. It has next been

          submitted that there is a dispute between the two families and

          only to settle personal scores, this false and concocted case has

          been registered.        It has been submitted that the demand of

          protection money is all false and frivolous, especially for the

          fact that the petitioner has clean antecedent.

                        5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.82139 of 2025(2) dt.15-01-2026
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          case and the submissions advanced on behalf of the parties, let

          the petitioner, above-named, be released on anticipatory bail, in

          the event of his arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the concerned Court/successor Court where the

          case is pending in connection with Jurawanpur P.S. Case No.

          144 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure, 1973 read

          with corresponding Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the

          following conditions :

                                 (i) One of the bailors of the petitioner shall be his
                            close relative and the other shall be a local resident.
                                 (ii) The petitioner shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                 (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bond of the
                            petitioner will be liable to be cancelled by the concerned
                            Court.
                                 (iv) If the petitioner, in future, is found to be
                            involved in similar nature of offence(s), the prosecution
                            shall be at liberty to move for cancellation of his bail
                            bond.
                                 (v) The concerned Court shall verify the criminal
                            antecedent of the petitioner and in case, at any stage, it is
            Patna High Court CR. MISC. No.82139 of 2025(2) dt.15-01-2026
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                                        found that he has concealed his criminal antecedent, the
                                        Court concerned shall take necessary steps for cancellation
                                        of his bail bond. However, the acceptance of bail bond in
                                        terms of the above-mentioned order shall not be delayed
                                        for purpose of or in the name of verification.


                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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