Brajesh Kumar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3903 of 2025 Arising Out of PS. Case No.-422 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Brajesh Kumar Mehta Son of Sri Rajaram Mehta Resident of VillageRampur Basgara, ward No 3, PO- Pachhiyari Jhirwa PS -Forbesganj, DistAraria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sitaram Prasad, Adv.
For the Opposite Party/s :
Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and Mr. N.N. Tiwari, learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 422 of 2024 instituted for the offences under Sections 341, 323, 324, 307, 302, 147, 148, 149, 354(B), 504, 342 and 506 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of committing murder of the deceased/Informant's husband.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that the date of occurrence is 29.06.2024 but,
Patna High Court CR. MISC. No.3903 of 2025(3) dt.23-04-2025 2/3 the F.I.R. was lodged on 30.06.2024 without there being any plausible explanation for such delay which creates doubt in the veracity of the prosecution case. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. He further submits that all the accused persons and the petitioner belong to one family and there is land dispute between them. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.07.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The Investigating Officer, after completion of investigation, has submitted charge-sheet under Sections 341, 323, 324, 307, 302, 147, 148, 149, 342, 504, 506, 120B of the I.P.C. The postmortem report supports the prosecution case. In course of investigation, the Informant in the re-statement contained in Para-2 of the case diary and the witnesses in Para 25 and 63 of the case diary have fully supported the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.3903 of 2025(3) dt.23-04-2025 3/3 considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T