Patna High Court

Sanjay Kumar Gupta @ Sanjay SahversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL REJECTED
Bench: S B P SINGH

Holding

The court held that bail could not be granted as the offences are serious and the prosecution evidence warranted the petitioner’s continued custody.

Summary

The petitioner, Sanjay Kumar Gupta, was charged under Sections 364, 302 and 201/34 of the Indian Penal Code for the alleged murder and concealment of his informant’s sister. He applied for regular bail, claiming innocence, voluntary surrender, and a clean antecedent, and pointed out that a co‑accused had previously been granted bail. The State opposed the bail, citing serious nature of the offences and witness statements indicating a hostile relationship between the petitioner and the deceased. The court examined the prosecution’s case, the seriousness of the charges, and the lack of substantive evidence exonerating the petitioner. Concluding that the gravity of the offences and the supporting witness testimony warranted continued custody, the court denied the bail application, allowing the petitioner to re‑apply after the informant’s evidence or after one year in prison.

Issues considered

Whether regular bail should be granted to an accused of offences punishable under Sections 364, 302 and 201/34 of the IPC given the seriousness of the case.
Whether the petitioner’s voluntary surrender, clean antecedent, and the bail granted to a co‑accused affect the decision on bail.

Legislation cited

Indian Penal Code — s. 201, 302, 34, 364

Subjects

regular bail
murder
kidnapping
concealment of dead body
Indian Penal Code
high court
serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91140 of 2025
                      Arising Out of PS. Case No.-103 Year-2024 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Sanjay Kumar Gupta @ Sanjay Sah S/o Late Bhuilotan Sah @ Bhuilotan Sah
                 R/o Village - Rampur Jurawan, P.S.- Vaishali, District - Vaishali
                                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aniket Singh
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Vaishali P.S. Case No.

                   103 of 2024 registered for the offences punishable under

                   Sections 364, 302 and 201/34 of the Indian Penal Code.

                                3. As per prosecution case, the sister of the informant

                   was married with Sanjay Kumar Gupta (petitioner) who used to

                   assault and torture her. The informant received information on

                   17.03.2024 through mobile that petitioner and co-accused

                   persons have killed his sister and disappeared her dead body.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case and has not committed any offence as alleged in the F.I.R.

                   Petitioner has voluntarily surrendered before the learned Court
           Patna High Court CR. MISC. No.91140 of 2025(3) dt.19-03-2026
                                                       2/2




                     below. The allegations levelled against the petitioner is wrong,

                     false and baseless. Learned counsel further submits that other

                     co-accused person namely, Ajay Sah has been granted bail by a

                     Co-ordinate Bench of this Court vide order dated 17.12.2024 in

                     Cr. Misc. No. 66880 of 2024. Petitioner is in custody since

                     24.05.2025 and a statement has been made in para 3 of the bail

                     application that petitioner has clean antecedent.

                                  5. Learned A.P.P. appearing on behalf of the State has

                     vehemently opposed the prayer for bail of the petitioner.

                                  6. From perusal of the case diary it appears that

                     witnesses have supported the alleged occurrence and stated that

                     there was no good relation between the petitioner and the

                     deceased and the character of the deceased was also not good.

                                  7. In view of the aforesaid facts and considering the

                     seriousness of the case, I am not inclined to grant bail to the

                     petitioner at this stage. Hence, the present bail application

                     stands rejected. However, the petitioner is at liberty to renew his

                     prayer for bail after the informant’s evidence or upon

                     completion of one year in custody.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T

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