Patna High Court

Sunil Rai @ Sunil KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail is denied to the petitioner.

Summary

The petitioner, Sunil Rai, sought anticipatory bail fearing arrest in a case registered under sections 310(4), 310(5), 317(5) of the Bihar Narcotic Substances Act, 2023 and sections 25(1‑b)(a), 26 and 35 of the Arms Act. The FIR stemmed from secret information about a planned looting at Jinn Baba bridge, where several persons fled and one co‑accused was arrested, who then named the petitioner as part of the group. The petitioner’s counsel argued that the only evidence against him was the co‑accused’s confessional statement and that he had no involvement in the alleged loot. The court noted the seriousness of the offences, the presence of firearms, the ongoing investigation, and the petitioner’s prior criminal record, and therefore refused to grant anticipatory bail. The petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the confessional statement of the co‑accused and the nature of the offences.

Legislation cited

Arms Act — s. 25(1-b)(a), 26, 35
Bihar Narcotic Substances Act, 2023 — s. 310(4), 310(5), 317(5)

Subjects

anticipatory bail
confessional statement
arms act
criminal antecedent
bail denial
FIR
investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9334 of 2026
                  Arising Out of PS. Case No.-61 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
                 ======================================================
                 Sunil Rai @ Sunil Kumar S/o Satyendra Rai R/o Village- Pakaha, P.S.-
                 Baikunthpur, District- Gopalganj, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sumit Shekhar Pandey
                 For the Opposite Party/s :      Mr.Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   12-03-2026          1. Heard the parties.

                        2. The petitioner apprehends his arrest in connection with

                   Mohammadpur P.S. Case No. 61 of 2025 dated 06.04.2025

                   registered under section 310(4) / 310 (5) / 317 (5) of the B.N.S.

                   2023 and Section 25(1-b)a / 26 / 35 of the Arms Act.

                        3. As per the F.I.R. on 06.04.2025 the Police received secret

                   information that at Jinn Baba bridge in the village- Gauri,

                   4-5 persons have assembled and were planning to commit

                   offence. Upon information, Police reached at the place of

                   occurrence and seeing the Police party, the accused persons

                   started fleeing away and three persons succeeded in fleeing

                   away on a Splendor motorcycle, one person fled away taking

                   advantage of darkness and one person with an Apache

                   motorcycle without registration number was arrested by the
Patna High Court CR. MISC. No.9334 of 2026(2) dt.12-03-2026
                                            2/3




          Police. The arrested co-accused Ramkumar @ Ramu Mahto

          disclosed the name of the petitioner- Sunil Rai @ Sunil Kumar

          and others as the persons who escaped from the scene of

          occurrence. He further disclosed that they were planning for

          looting of CSP at Mohammadpur and they have already looted a

          CSP at Baikunthpur. Upon search, one pistol and mobile phone

          have been recovered from the possession of the arrested

          co-accused.

               4. Learned counsel for the petitioner submits that petitioner

          is innocent and has not committed any offence in the manner

          alleged. He further submits that save and except the

          confessional statement of the arrested co-accused, there is no

          other material to show the complicity of the petitioner in the

          instant case. He next submits that petitioner is not associated

          with the alleged loot or any such syndicate who commits loot of

          CSP.

               5. Regard being had to the submission advanced by the

          petitioner, taking into consideration the gravity of offence, the

          fact that name of the petitioner has been disclosed by the

          arrested co-accused from whose possession fire arms were

          recovered, investigation in the case is still going on,

          confessional statement of the arrested co-accused may be the
               Patna High Court CR. MISC. No.9334 of 2026(2) dt.12-03-2026
                                                           3/3




                         basis of further investigation for which custodial interrogation

                         of the petitioner may be required and the petitioner is also

                         having one criminal antecedent, accordingly, I am not inclined

                         to grant anticipatory bail to the petitioner. The same is rejected.




                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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