Patna High Court
Kewal Raj Mehta @ Micky Raj MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- JITENDRA KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Kewal Raj Mehta, sought anticipatory bail after being charged in a FIR for multiple offences under the Bihar Narcotic Substances Act, 2023, including assault, robbery and causing grievous injury. He alleged that the allegations were false, politically motivated, and that the injuries were minor. The State argued that the petitioner, a local political figure, used muscle power to intimidate the informant and that granting bail would encourage such behaviour and jeopardise the investigation. The court noted the seriousness of the charges, the petitioner’s prior criminal history, and the risk of tampering with evidence. Consequently, the court was not persuaded to grant bail and dismissed the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner poses a risk of influencing the investigation or committing further offences
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 118(1), 126(2), 303(2), 308(2), 333, 3(5), 351(2), 352
Subjects
- anticipatory bail
- bail petition
- Criminal law
- assault
- political influence
- Bihar Narcotic Substances Act
- Section 438 CrPC
- misuse of power
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87116 of 2025
Arising Out of PS. Case No.-128 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
Kewal Raj Mehta @ Micky Raj Mehta, S/o Late Bakey Bihari Singh, R/o
Village - Nonahar, P.S - Suryapura, District – Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Usha Kumari 1, Advocate
For the State : Mr. Upendra Kumar, APP
For the Informant : Mr. Sudhanshu Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioner, apprehending his arrest, in connection with
Suryapura P.S. Case No.128 of 2025, dated-24.04.2025,
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 333, 303(2), 308(2), 352, 351(2) and 3(5) of the
BNS, 2023.
3. As per allegation, the Petitioner along with other
co-accused came to the house of the Informant and without any
reason, they started abusing the Informant and when the
Informant came out of his house, he was assaulted
indiscriminately by the Petitioner and thereafter, he assaulted
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the Informant even by knife taking out from his pocket, causing
grievous injury to the Informant. As per further allegation, the
Petitioner entered the house of the Informant with dabang
villagers and assaulted the family members of the informant,
throwing the household items and utensils. Even air firing was
done by the Petitioner and he went away abusing the Informant
and taking away some gold ornaments. Thereafter, the
Informant was taken to local primary health center. It is further
stated in the FIR that this occurrence had taken place on
account of the fact that the Petitioner is husband of local
Mukhiya and he was doing financial irregularity in the work of
construction of local nala and hence, the Informant had given
complaint against this act of the Petitioner. Thereafter, the
Petitioner was putting pressure upon the Informant to take back
the complaint against him, and when he did not oblige him, he
was assaulted by the Petitioner.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that as per the injury report, the alleged
injury caused by the Petitioner is simple in nature and this case
is politically motivated because the Petitioner happens to be the
husband of local mukhiya. He also submits that this case has
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been filed by the Informant as a counterblast to the criminal
case filed by the colleague of the Petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner has been made accused in ten other
case.
7. However, learned counsel for the Informant and
learned APP for the State vehemently oppose the prayer of the
Petitioner for bail submitting that it is classic case of local
dabangai and misuse of political and muscle power by the
Petitioner against the common people of the village, who were
opposing the corruption in construction of local nala. They also
submit that the Petitioner is influencing the investigation of the
case because he is politically dominant and the local thana is
under his influence and if he is enlarged on anticipatory bail, it
will not only discourage the honest citizen of the village to take
step against corruption being done in development work in the
village but even it will encourage dabangai of the Petitioner.
8. Considering the aforesaid facts and circumstances,
I am not persuaded to enlarge the Petitioner on bail.
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9. The present petition is rejected, Accordingly.
(Jitendra Kumar, J.)
Chandan/-
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