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Patna High Court

Sanjay Sah @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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