Patna High Court
Sanjay Sah @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is not entitled to regular bail as the FIR identifies him as the main assailant.
Summary
The petitioner, Sanjay Sah, was charged with murder under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and with possession of an illegal weapon under Section 27 of the Arms Act. The prosecution alleges that he, along with others, killed the deceased in a land‑dispute‑related incident, and the FIR eventually singled him out as the main assailant. The petitioner, represented by senior counsel, contended that he is innocent and that the FIR was altered to implicate him. The State opposed the bail application, emphasizing the seriousness of the offences. The court, after noting that the FIR designates the petitioner as the principal assailant, declined to grant regular bail, dismissing the application. The order is limited to the bail matter and does not prejudice the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a murder and arms‑possession case under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- arms act
- land dispute
- FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90704 of 2025
Arising Out of PS. Case No.-453 Year-2024 Thana- SINGHESHWAR District- Madhepura
======================================================
Sanjay Sah @ Sanjay Kumar S/O Late Siyaram Sah Resident of village-
Jajhat, Sabaila Ward No. 11, P.S.- Singheshwar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. NK Agrawal, Sr. Advocate
Mr. Barun Kumar Singh
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 15-04-2026 Heard the learned Senior Counsel for the petitioner
and the learned counsel for the State. Pursuant to the order dated
08.04.2026, the I.O. of the case has appeared.
2. The petitioner seeks regular bail in connection with
Singheshwar P.S. Case No. 453 of 2024 registered for the
offence under Sections 103(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner along
with others is accused of killing the deceased.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. It is submitted by the learned Senior Counsel for the
petitioner that earlier the son of the deceased had given a
Patna High Court CR. MISC. No.90704 of 2025(6) dt.15-04-2026
2/2
statement in which there were general allegations against all
accused but in the FIR on the next date, he has assigned the
main role to the petitioner because of land dispute. The
petitioner is in custody since 18.08.2025.
5. Learned counsel for the State vehemently opposes
the bail application.
6. Considering the fact that the petitioner is the main
assailant of the deceased as per the FIR, I am not inclined to
grant regular bail to the petitioner.
7. Accordingly, this application is dismissed.
8. The personal appearance of the officer is dispensed
with.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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