Patna High Court
Saravjeet KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, a constable named Saravjeet Kumar, was arrested in connection with FIR No.214 of 2025 alleging that he shot and caused the death of the informant’s husband, violating Section 103(1) of the Bihar Non‑Compulsory Act and Section 27 of the Arms Act. He applied for bail, claiming false implication and no prior criminal record, while the State and the informant opposed, emphasizing that the petitioner was the sole assailant and the case was at an advanced stage of trial. The court considered the seriousness of the offence, the fact that the petitioner was the sole shooter, and that the trial was nearing completion. Consequently, the court denied bail, directing the trial court to conclude the proceedings within three months. The decision reflects the court’s reluctance to grant liberty in serious homicide cases pending trial.
Issues considered
- Whether bail should be granted to the petitioner accused of murder under Section 103(1) of the Bihar Non‑Compulsory Act and Section 27 of the Arms Act.
- Whether the stage of the trial and the petitioner being the sole assailant preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- murder
- firearms
- Arms Act
- criminal procedure
- trial stage
- constable
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82868 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Saravjeet Kumar Son of Naval Kishor Ram R/o Village- Khanet, Post- Pawar,
P.S.- Pawna, District- Bhojpur, Bihar PIN- 802201. As per FIR, R/O Police
Lines, Bettiah, PS-Mufassil, Distt-West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Noumaan Ahmad, Adv.
Mrs. Chhateshevasi, Adv.
For the Opposite Party/s : Mr.Ajay Kumar Jhal, APP
For the Informant : Mr. Bimlesh Kr. Pandey, Adv.
Mr. Satyam Kr. Jha, Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Bettiah Mufassil P.S. Case no.214
of 2025 registered under sections 103(1) of BNS and 27 of the
Arms Act.
3. Allegation in the F.I.R is that petitioner shot the
informant’s husband due to which he succumbed to his injuries.
4. Learned counsel for the petitioner submits that
petitioner is a constable and he has been falsely implicated in
the present case. He is in custody since 21.04.2025 and has no
criminal antecedent. He undertakes to co-operate in case/trial.
Patna High Court CR. MISC. No.82868 of 2025(4) dt.19-02-2026
2/2
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant on the
ground that petitioner is the sole assailant of the deceased and
the deceased has sustained as many as five firearm injury
besides other severe injuries. Further, after closing of the
prosecution evidence the case is now pending at the stage of
defense evidence and is likely to conclude soon.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner is the sole assailant of the deceased coupled with the
fact that trial has reached at its advanced stage, this Court is not
inclined to grant bail to the petitioner and the application is
rejected.
7. Learned trial Court is directed to conclude the trial
preferably within a period of three months.
(Soni Shrivastava, J)
Harsh/-
U T
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