Sunil Kumar Rai @ Sunil Kumar @ Sunil Kumar Ray v. The State Of Bihar
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 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,
2/4 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
3/4 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
4/4 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