Patna High Court
Brajesh Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as there were no new grounds and the trial was at an advanced stage.
Summary
Brajesh Kumar Mehta was arrested in July 2024 and charged under multiple sections of the Indian Penal Code, including murder, attempt to murder and offences against women. He applied for regular bail, having already been denied once by the Patna High Court. The State and the informant opposed the bail, arguing that the trial is at an advanced stage with all witnesses examined except the investigating officer. The court noted that no new ground was raised and, relying on precedent that bail is rarely granted once serious trials commence, rejected the bail petition. The court also directed the lower court to expedite the pending trial.
Issues considered
- Whether bail can be granted to an accused at an advanced stage of trial for serious offences under the IPC.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 354, 504, 506
Subjects
- bail
- serious offences
- trial stage
- Indian Penal Code
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21359 of 2026
Arising Out of PS. Case No.-422 Year-2024 Thana- FORBESGANJ District- Araria
======================================================
Brajesh Kumar Mehta S/O Sri Rajaram Mehta R/O vill.- Rampur Basgara
ward no.- 3,P.O- Pachhiyari Jhirwa, P.S- Forbesganj, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitaram Prasad, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
For the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Forbesganj P.S. Case No. 422 of 2024, instituted for the
offences under Sections 341, 323, 324, 307, 302, 147, 148, 149,
354(B), 504 and 506 of the Indian Penal Code.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
23.04.2025 passed in Cr. Misc. No. 3903 of 2025 taking into
consideration the nature and gravity of the offence.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 18.07.2024
Patna High Court CR. MISC. No.21359 of 2026(2) dt.03-04-2026
2/3
without any rhymes or reason and has got no criminal
antecedent.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner and submits that the petitioner is named in
the FIR. Learned counsel for the informant also submits that the
trial is in progress and all the witnesses have been examined in
this case except I.O. Hence, the petitioner does not deserve the
privilege of bail. Learned counsel for the informant relied upon
a decision of the Hon’ble Apex Court reported in 2024 SCC
OnLine SC 3539 (X. vs. State of Rajasthan & Anr.), wherein
in paragraph no. 14, the Hon’ble Apex Court has held as under:
“14. Ordinarily in serious offences like rape,
murder, dacoity, etc., once the trial
commences and the prosecution starts
examining its witnesses, the Court, be it the
Trial Court or the High Court should be
loath in entertaining the bail application of
the accused.”
6. There is no new ground to consider the bail petition
of the petitioner. Considering the present stage of the case, it
appears that the trial is going on and is at an advance stage.
Patna High Court CR. MISC. No.21359 of 2026(2) dt.03-04-2026
3/3
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.