Patna High Court
Sanjay Kumar @ Sanjay Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 137, 238, 61
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.