Chhotelal Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Chhotelal Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to cooperating in the disposal of trial and making himself available as and when required by the court.

Issue for consideration

Whether the petitioner, Chhotelal Sah, accused in Majhaulia P.S. Case No. 308 of 2024 (offences under Sections 302, 201, 120(B) read with Section 34 IPC) for the alleged conspiratorial killing of the informant's son, should be released on regular bail.

Court's answer

Regular bail granted: the petitioner is directed to furnish bail bond, on doing which the court below shall release him on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions that he cooperate in the disposal of trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Bail — Regular bail granted. Patna High Court (Nawneet Kumar Pandey, J.), 08-05-2025, Criminal Miscellaneous No.8352 of 2025: Chhotelal Sah, accused in Majhaulia P.S. Case No. 308 of 2024 (District West Champaran) for offences punishable under Sections 302, 201, 120(B) read with Section 34 of the Indian Penal Code — alleged, in furtherance of a criminal conspiracy along with co-accused, to have caused the death of the informant's son, whose body was found hanging from a tree with his mouth stuffed, raising suspicion of homicidal death — directed to furnish bail bond, on doing which the court below to release him on bail with bonds of Rs.10,000/- and two sureties of the like amount each before the learned Chief Judicial Magistrate, Bettiah, subject to cooperating in the disposal of trial and remaining available as and when required by the court. Counsel submitted the informant is not an eye-witness and that co-accused on a similar footing were granted anticipatory bail in Cr. Misc. No. 72820 of 2024, in which petition the petitioner was an applicant but was arrested during pendency.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8352 of 2025

Arising Out of PS. Case No.-308 Year-2024 Thana- MAJHAULIA District- West Champaran

======================================================

Chhotelal Sah Son of Late Shankar Sah Resident of Village - Ojha Mathiya, P.S.- Majhaulia, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vatsal Verma For the Opposite Party/s : Mr.J.N. Thakur, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 08-05-2025

Heard the learned counsel for the petitioner as well

as the learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Majhaulia P.S. Case No. 308 of 2024, registered for the offences punishable under Sections 302, 201, 120(B) read with Section 34 of the Indian Penal Code.

The allegation against the petitioner is that, in furtherance of a criminal conspiracy, he along with co-accused persons caused the death of the informant’s son, whose body was later found hanging from a tree with his mouth stuffed, raising suspicion of homicidal death.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the informant is not an

Patna High Court CR. MISC. No.8352 of 2025(3) dt.08-05-2025 2/2

eye witness and no cogent material emerged against the petitioner during the investigation. He has also submitted that some other co-accused persons on a similar footing, have been granted anticipatory bail in Cr. Misc. No. 72820 of 2024. The petitioner was also one of the applicants in that Cr. Misc. petition, but during the pendency of that petition, he was arrested.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 308 of 2024, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)