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Patna High Court

Kewal Raj Mehta @ Micky Raj MehtaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.87116 of 2025(3) dt.01-04-2026
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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
Patna High Court CR. MISC. No.87116 of 2025(3) dt.01-04-2026
                                            3/4




          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.
            Patna High Court CR. MISC. No.87116 of 2025(3) dt.01-04-2026
                                                        4/4




                                   9. The present petition is rejected, Accordingly.



                                                                   (Jitendra Kumar, J.)
Chandan/-

U     T


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