Sikandar Rai @ Sikendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44904 of 2025 Arising Out of PS. Case No.-140 Year-2018 Thana- SIDHWALIYA District- Gopalganj ====================================================== Sikandar Rai @ Sikendra Ray S/o Shivpujan Rai, R/o Village- Kishunpura, PS- Taraiya, Distt.- Saran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sidhwalia P.S. Case No. 140 of 2018, dated 17.07.2018 registered for the offences punishable under Sections 399, 402, 414 and 120B of the Indian Penal Code under Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant received information that 5-6 miscreants have gathered at Sidhwalia Bazar with an intention to commit offence. A raid was carried out and two of the miscreants was apprehended while others managed to flee. The Police recovered several arms and ammunition from the dickey of the motorcycles which were lying on the road side.

Patna High Court CR. MISC. No.44904 of 2025(2) dt.30-07-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. The allegation levelled against the petitioner in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. The name of the petitioner has sprung up in the present case on the basis of confessional statement of the apprehended co-accused which has no evidentiary value. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by a Coordinate Bench vide order dated 14.02.2019 passed in Cr. Misc. No. 8708 of 2019. The petitioner has got three criminal antecedents as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 28.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gopalganj,

Patna High Court CR. MISC. No.44904 of 2025(2) dt.30-07-2025 3/3 in connection with Sidhwalia P.S. Case No. 140 of 2018.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T