Vidya Sagar Gupta @ Vidhya Sagar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55277 of 2025 Arising Out of PS. Case No.-415 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== Vidya Sagar Gupta @ Vidhya Sagar Gupta S/O Late Ramnath Gupta R/O Village- Shahpur, P.S.- Sahpur, Distt.- Bhojpur at Ara ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-11-2025 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 Sahpur P.S. Case No. 415 of 2022 dated 28.11.2022 registered for the offences punishable under Sections 302, 120(b) read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons along with 3-4 unknown miscreants holding lethal weapons are alleged to have fired indiscriminately with intent to kill. The petitioner fired on the brother of the informant which hit on his chest. The other co-accused persons also fired on the deceased causing firearms injuries on his hand and other

Patna High Court CR. MISC. No.55277 of 2025(3) dt.15-11-2025 2/3 parts of the body.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The charge-sheet has been submitted against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that from perusal of the FIR, there is direct and specific overt act against this petitioner of firing which hit on the chest of the deceased and the other accused persons also opened fire on the deceased due to which he died. Further, in the post-mortem report of the deceased, the doctor opined that three entry wounds were shown and the cause of death is firearm injury. It is further submitted that during the investigation, the witnesses of this case have also supported the prosecution case. As per Letter No. 71/25 dated 10.09.2025, the learned court below has reported that the case is pending for the prosecution witness. The six witnesses out of eight prosecution witnesses, have been

Patna High Court CR. MISC. No.55277 of 2025(3) dt.15-11-2025 3/3 examined and the cross-examination of the P.W.-7 is going on. Earlier the regular bail application of the petitioner was rejected by the Co-ordinate Bench of this Court vide order dated 06.12.2023 passed in Cr. Misc. No. 59399 of 2023.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Sahpur P.S. Case No. 415 of 2022, pending in the Court of learned Chief Judicial Magistrate-1st, Bhojpur at Ara.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) shivam/- U T