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Patna High Court

Dewa GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, directing his release on bond with conditions.

Summary

The petitioner, Dewa Gupta, a politician, filed an anticipatory bail petition after being implicated as a financier of nine co-accused in a murder case (Town P.S. Case No. 734 of 2025) despite not being named in the FIR. The FIR alleged that the co-accused killed a youth during a Mahaviri Jhanda procession, and two later witnesses identified Gupta as a conspirator. Gupta argued that the allegations were politically motivated, noting his recent electoral defeat and his wife's position as mayor, and highlighted that he had been acquitted in several similar cases. The State opposed the bail, but the court observed that the original eye‑witness did not mention Gupta and that there was no cogent material linking him to the crime. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is later implicated by witnesses.
  • Whether political rivalry and lack of substantive evidence justify granting bail.
  • Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • political rivalry
  • FIR
  • Section 438
  • Section 482
  • Bhartiya Nyay Sanhita
  • murder
  • financier
  • witness testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84662 of 2025
                    Arising Out of PS. Case No.-734 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Dewa Gupta S/o- Hari Kishore Gupta R/V- Ward No- 18 Barhai Tola PS-
                 Chhatuni Dist-East Champaran

                                                                                    ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nilanjan Chatterjee, Advocate
                                                 Mr.Anuj Kumar, Advocate
                 For the Opposite Party/s :      Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   09-06-2026               The present petition of anticipatory bail was taken up on

                   board upon mentioning during vacation as this case is pending

                   since December 2025.

                             2. Heard Mr. Nilanjan Chatterjee, learned counsel

                   appearing for the petitioner and learned A.P.P. for the State.

                             3. The accused-petitioner is not named in the F.I.R., and

                   apprehending his arrest in connection with Town P.S. Case No.

                   734 of 2025 registered for the offences punishable under

                   Sections 121, 122, 103(1), 61(2), 121(1) of the Bhartiya Nyay

                   Sanhita, 2023 (in short, the ‘B.N.S.’).

                             4. As per FIR, the informant who claims to be an eye

                   witness of the occurrence alleged that his son, while

                   participating in “Mahaviri Jhanda procession”, was killed by the
Patna High Court CR. MISC. No.84662 of 2025(5) dt.09-06-2026
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          nine named co-accused persons by using knife and Lathi.

                   5. Mr. Nilanjan Chatterjee, learned counsel appearing on

          behalf of the petitioner submitted that upon facial perusal of the

          FIR, it can be gathered safely that the informant is an eye

          witness of the occurrence, who raised specific allegation against

          nine (9) named co-accused persons as to commit murder of his

          son. Admittedly, as per FIR, the petitioner was not present

          during occurrence.

                   6. It is submitted by Mr. Chatterjee that during the

          course of investigation, after passing of 27 days, two witnesses

          namely, Deepak Kumar and Sanjeet Patel named this petitioner

          suggesting his involvement with the present crime in question as

          a financier of the named co-accused persons.

                   7. Submitting further, it is pointed out by learned

          counsel that petitioner is a politician who contested assembly

          election of Bihar in year 2025, on ticket of a national political

          party and had lost the election with a margin of 12 thousand

          votes only. The wife of petitioner is also the Mayor of Motihari

          Municipal Corporation. It is pointed out that above-named two

          persons are admittedly in inimical terms with his wife and,

          therefore, getting the occurrence as an opportunity, implicated

          this petitioner with the present crime in question with very
Patna High Court CR. MISC. No.84662 of 2025(5) dt.09-06-2026
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          vague allegation that petitioner was also one of the conspirator

          being financier of the named co-accused persons without having

          any cogent materials in support of the allegation to settle

          political rivalry.

                   8. It is further submitted that named co-accused persons

          who said to be involved in actual commission of crime have

          already been granted regular bail by different learned coordinate

          Bench of this Court through Cr. Misc. No. 82789 of 2025; Cr.

          Misc. No. 83650 of 2025.

                   9. Arguing further, it is submitted by Mr. Chatterjee that

          petitioner was implicated almost with 30 cases out of political

          rivalry, where almost in nine (9) cases, he has already been

          acquitted, and in most of these cases he was implicated as an

          afterthought like the present matter where he was not named in

          the FIR due to political rivalry.

                   10. In this connection, it is further submitted that

          ordinarily prayer of bail of the petitioner should not be rejected

          on the ground of criminal antecedents alone, if merits of the

          case otherwise convincing in favour of the accused/petitioner. In

          support of his submission, Mr. Chatterjee, learned counsel relied

          upon the legal report of Hon’ble Supreme Court as available

          through Prabhakar Tewari Vs. State of U.P. and Another
           Patna High Court CR. MISC. No.84662 of 2025(5) dt.09-06-2026
                                                       4/4




                     reported in (2020) 11 SCC 648.

                              11. Learned A.P.P. Incharge for the State opposes the

                     prayer of anticipatory bail of the petitioner.

                              12. In view of the aforesaid factual submissions and by

                     taking note of the fact as the informant, who claims to be an eye

                     witness of the occurrence, could not named this petitioner or

                     even raised any suspicion qua his involvement with the present

                     crime in question, accordingly, above-named petitioner, in the

                     event of his arrest/surrender within a period of four weeks from

                     this order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned Incharge Chief

                     Judicial Magistrate, East Champaran at Motihari/concerned

                     court in connection with Town P.S. Case No. 734 of 2025,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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