Patna High Court
Sanjeev Kumar Mehata @ Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court denied regular bail to the petitioner, finding that the circumstances did not warrant such relief.
Summary
The petitioner, Sanjeev Kumar Mehata, applied for regular bail in a case registered under Sections 103(1), 3(5) of the BNS and Section 27 of the Arms Act for allegedly firing at the husband of an informant, resulting in his death. The prosecution contended that the petitioner, along with co‑accused, entered the house and shot the victim, with the wife of the deceased identifying the petitioner as a shooter. The petitioner argued that he was falsely implicated, that the dispute was between the deceased and another accused, and that he had been in custody for nearly a year without trial. The court examined the FIR, eyewitness testimony, and the seriousness of the offences, concluding that the petitioner did not merit bail. Consequently, the bail application was rejected and the trial court was directed to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving murder under the Arms Act and BNS provisions
- Whether the evidence, including the FIR and eyewitness identification, justifies denial of bail
Legislation cited
Subjects
- regular bail
- murder
- Arms Act
- BNS
- custody
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53107 of 2025
Arising Out of PS. Case No.-430 Year-2024 Thana- ALAMNAGAR District- Madhepura
======================================================
Sanjeev Kumar Mehata @ Sanjeev Kumar S/o- Avadhesh Mehata @
Awadhesh Mehta @ Avdhesh Sharma R/o Village- Bhagipur P.S-Alam Nagar
District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K. Agrawal, Sr. Adv.
Mr. Pawan Kumar, Adv.
For the Opposite Party/s : Mr.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 20-01-2026 Heard the learned Senior counsel for the petitioner
as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Alamnagar P.S. Case No. 430 of 2024, registered for the
offences punishable under Sections 103(1), 3(5) of the BNS and
Section 27 of the Arms Act.
3. The prosecution alleges that on 01.11.2024 at about
11:30 PM, the petitioner, Sanjeev Kumar Mehta, along with
other accused persons, forcibly entered the house of the
informant and fired with a country-made pistol at her husband.
It is further alleged that co-accused persons also fired, resulting
in the death of the informant’s husband.
4. Mr. N.K. Agrawal, the learned Senior Counsel for
Patna High Court CR. MISC. No.53107 of 2025(5) dt.20-01-2026
2/2
the petitioner has submitted that the petitioner is innocent and
has falsely been implicated in this case. There was no dispute
between the deceased and the petitioner, rather the dispute was
between the deceased and co-accused Mukesh Kumar Mehta, as
transpires from paragraph no. 40 of the case diary. He has
further submitted that the petitioner has been in custody for
nearly a year and the charges have recently been framed.
5. The FIR itself shows that the petitioner fired at the
deceased, hitting him below the right side of the chest and the
second shot was fired by co-accused Mukesh Kumar Mehta, at
the deceased. The wife of the deceased is an eyewitness and she
has named the petitioner.
6. In my view, the petitioner does not deserve the
privileges of bail, which is hereby rejected.
7. Considering the fact that the petitioner has been in
custody for nearly a year, the learned trial court is directed to
expedite the trial.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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