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Patna High Court

Sarvesh Kumar @ Meghu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted at this stage and dismissed the application.

Summary

Sarvesh Kumar was arrested for allegedly entering a wedding reception with a pistol, demanding a song, and later setting the house on fire, causing loss of over one lakh rupees. He filed a regular bail application under several sections of the Bhartiya Nyaya Sanhita, 2023, asserting that he was falsely implicated and that no incriminating article was recovered. The State opposed, arguing that the FIR contains direct allegations and that witnesses support the charge of arson. After hearing both sides, the court considered the seriousness of the offences and the material gathered during investigation. The court rejected the bail application, granting the petitioner liberty to renew the prayer after six months.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bhartiya Nyaya Sanhita, 2023 given the nature of the alleged offences
  • Whether the allegations in the FIR and corroborating witness statements justify denial of bail
  • Whether the petitioner poses a risk to public order or is likely to tamper with evidence

Legislation cited

Subjects

  • regular bail
  • arson
  • Bhartiya Nyaya Sanhita
  • false implication
  • criminal procedure
  • sections 191(2)
  • sections 190
  • sections 126(2)
  • sections 115(2)
  • sections 325
  • sections 326(g)
  • sections 324(4)
  • sections 74
  • sections 352
  • sections 351(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76293 of 2025
                      Arising Out of PS. Case No.-235 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Sarvesh Kumar @ Meghu Kumar S/O Jagdish Bhagat R/O village - Karneji,
                 P.S. - Belsur, District – Vaishali                   ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr.Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                    1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Vaishali P.S. Case no.235

                   of 2025, registered under sections 191(2), 190, 126(2), 115(2),

                   325, 326(g), 324(4), 74, 352 and 351(2) of the Bhartiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the informant states that

                   the petitioner along with one another entered the place where the

                   function of wedding reception of his nephew was taking place

                   and started insisting that they play a song of his choice. They

                   were wielding pistol. It is further stated that on protest, they went

                   away, however they lighted up the house by sprinkling petrol,

                   thus causing loss of over a lakh rupees.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. No such

                   occurrence as alleged in the FIR has taken place. No
           Patna High Court CR. MISC. No.76293 of 2025(3) dt.21-01-2026
                                                       2/2




                     incriminating article has been recovered from the petitioner. The

                     informant is not an eye witness to the occurrence and the

                     allegations are general and omnibus in nature. The petitioner is in

                     custody since 2.6.2025 and charge-sheet has been submitted in

                     the case. Further referring to the statement made in paragraph

                     nos. 12 and 13 of the petition, learned counsel submits that the

                     cause of false implication is the earlier dispute between the

                     parties as described therein.

                                  5. The application for bail is opposed by learned APP

                     for the State, who submits that there is direct allegation against

                     the petitioner in the FIR and the allegation of the petitioner

                     having set the house on fire is supported by the witnesses in

                     course of investigation.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the FIR together with the material that has transpired in course of

                     investigation, the Court is not inclined to enlarge the petitioner

                     on bail and the application is rejected.

                                  7. Liberty is granted to the petitioner to renew his

                     prayer for bail after six months.


                                                 (Partha Sarthy, J)
Shiv/-
U      T


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