Sudhir Kumar @ Sudhir Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25915 of 2025 Arising Out of PS. Case No.-217 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== Sudhir Kumar @ Sudhir Kumar Ray S/o Vilas Ray @ Ram Vilas Ray Resident of Village- Korahiya, P.S.- Jaynagar, District- Madhubani ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shailendra Kumar Jha, Advocate For the State :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Jainagar PS. Case No.217 of 2019, dated.28.04.2019, registered for the offences punishable under Sections 272, 273, 414, 34 of the I.P.C. and 30(a) of the Bihar Prohibition and Excise Act.
3. As per allegation, 72 liters of illicit liquor has been recovered from the motorcycle and allegedly, the petitioner was said to have been sitting on the motorcycle as a pillion rider.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, he was not sitting on the motorcycle in question nor there was any recovery
Patna High Court CR. MISC. No.25915 of 2025(2) dt.07-05-2025 2/3 of any contraband been made from his possession.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Jainagar PS. Case No.217 of 2019, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the
Patna High Court CR. MISC. No.25915 of 2025(2) dt.07-05-2025 3/3 disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T