Patna High Court
Sambhu MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail may be granted in the present case despite the serious charges, provided the petitioner furnishes the required bond and sureties and complies with conditions to prevent trial delay.
Summary
Sambhu Mehta was arrested in connection with offences under Sections 103(1), 61(2) of the B.N.S. and Section 27 of the Arms Act, based on a FIR against unknown persons and a confessional statement of co‑accused Shiyaram Mehta. The petitioner, who has twelve prior cases, has been in custody since 19‑08‑2025 and a charge‑sheet has been filed. He applied for bail, arguing that a co‑accused with a similar confession had already been granted regular bail and that he would not abscond or tamper with the trial. The State opposed the bail. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a Rs 50,000 bond with two sureties, one of whom must be his wife, and imposed a condition that bail may be cancelled if he attempts to delay framing of charge or the trial. The bail application was therefore allowed subject to the stipulated conditions.
Issues considered
- Whether bail can be granted in offences punishable under Sections 103(1), 61(2) of the B.N.S. and Section 27 of the Arms Act
- Whether the petitioner’s antecedent record and the confessional statement of a co‑accused affect the grant of bail
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- antecedent record
- confessional statement
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90126 of 2025
Arising Out of PS. Case No.-233 Year-2024 Thana- PURAINI District- Madhepura
======================================================
Sambhu Mehta S/o Late Mahendra Mehta R/o Village - Madhatpur Basa,
Ward No. 13, P.S - Alamnagar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr Sanjay Kumar Singh
For the Opposite Party/s : Mr. Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 103(1), 61(2) of the B.N.S.
and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that
the petitioner antecedent of twelve cases and the informant
alleges that his brother a Contractor was returning home on a
Maruti car driven by Pushpam Kumar (son of the informant),
when six unknown accused persons intercepted them and took
his brother out of the car and shot him dead, thus alleges that
based on suspicion that Pappu Chaudhary, Amit Sah along with
other accused got his brother killed.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90126 of 2025(2) dt.06-02-2026
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the FIR was against unknown and the petitioner transpired in the
confessional statement of Shiyaram Mehta, who had antecedent
of 17 cases. It is next submitted that Shiyaram Mehta has been
granted the privilege of regular bail by an order dated
26.09.2025 in Cr. Misc. No.48239 of 2025. It is further
submitted that petitioner is in custody since 19.08.2025 and
charge-sheet has been submitted. It is thus submitted that when
the accused in whose confession the name of the petitioner
transpired has been granted the privilege of regular bail, the case
of the petitioner is on a better footing. It is also submitted that
petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs. 50,000/- (Rupees Fifty Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Puraini P. S. Case No. 233 of 2024, subject to the
conditions that one of the bauilor of the petitioner shall be his
wife Chandani Devi.
Patna High Court CR. MISC. No.90126 of 2025(2) dt.06-02-2026
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7. The application stands allowed.
8. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after his release is
trying to delay the framing of charge or after framing of charge
is trying to delay the trial in both the conditions, the learned trial
court shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
vikash/-
U T
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