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Patna High Court

Sanjay Kumar @ Sanjay Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the seriousness of the murder charge and the presence of strong circumstantial evidence outweighed the petitioner’s claim of innocence.

Summary

The petitioner, Sanjay Kumar Gupta, was arrested in connection with a murder alleged to have been committed on 9 February 2025, wherein he is accused of killing the brother of an informant to continue an illicit relationship with the deceased’s wife. The prosecution relied on circumstantial evidence, including the victim’s last sighting with the petitioner and a confessional statement allegedly obtained under force. The petitioner contended that he was falsely implicated, that there were no eyewitnesses, and that the confession was coerced, emphasizing his clean antecedents and the lack of direct evidence. The State opposed bail, arguing the seriousness of the offence and the strength of the circumstantial evidence. After considering the submissions and the gravity of the charges under the Bharatiya Nyaya Sanhita, the court declined to grant bail, directing the trial court to expedite the proceedings. Consequently, the petitioner’s bail application was dismissed.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Sections 137, 103(1), 61 and 238 of the Bharatiya Nyaya Sanhita, 2023 considering the seriousness of the offence and the nature of the evidence.

Legislation cited

Subjects

  • bail
  • murder
  • circumstantial evidence
  • confession
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91728 of 2025
                        Arising Out of PS. Case No.-54 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Sanjay Kumar @ Sanjay Kumar Gupta Son of Satish Kumar Gupta
                 Permanent Address- 23/407, Trilokipuri, Chilliyan Sarawada Khadar (East
                 Delhi), at present Village- Dinara, Nahar Diiya, P.S.- Dinara, District- Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Session Trial No. 249 of 2025 arising out of

                   Dinara P.S. Case No. 54 of 2025 registered for the alleged

                   offences under Section 137 of Bharatiya Nyaya Sanhita, 2023

                   and later on added Sections 103(1), 61, 238 of Bharatiya Nyaya

                   Sanhita, 2023.

                                03. As per prosecution case, the brother of the

                   informant went with the petitioner on 09.02.2025 and did not

                   return. Subsequently, during investigation, it transpired that

                   petitioner and the wife of the deceased were in illicit

                   relationship and the petitioner murdered the brother of the
Patna High Court CR. MISC. No.91728 of 2025(3) dt.25-02-2026
                                            2/3




          informant.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. No occurrence in the manner as alleged has ever taken

          place. The petitioner has been named in this case merely on

          suspicion. There is no eye witness to the alleged occurrence.

          The police forcibly recorded the confessional statement of the

          petitioner and co-accused wife of the deceased and made them

          accused in the present case. The petitioner has no concern with

          the wife of the deceased. Charge-sheet has been submitted. The

          petitioner is having clean antecedent and is in custody since

          16.10.2025.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that the

          petitioner slit the neck of the brother of the informant in order to

          continue his relationship with the wife of the deceased. Learned

          APP further submits that the deceased was last seen in the

          company of the petitioner and it is strong circumstantial

          evidence after recovery of his dead body.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          seriousness of allegation, I am not inclined to grant bail to the
           Patna High Court CR. MISC. No.91728 of 2025(3) dt.25-02-2026
                                                       3/3




                     petitioner. Hence, his prayer for bail is rejected.

                                  07. The learned trial court concerned is directed to

                     expedite the trial and conclude the same at the earliest

                     considering the fact that the petitioner is in custody.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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