Heeralal Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Heeralal Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-12, East Champaran, Motihari, in connection with Piprakothi P.S. Case No.231 of 2020, subject to the conditions under Section 437(3) CrPC / Section 480(3) BNSS.

Issue for consideration

Whether the accused/petitioner, named in the FIR and in custody since 29.08.2025 in connection with Session Trial No.1107 of 2025 (arising out of Piprakothi P.S. Case No.231 of 2020), should be released on bail.

Court's answer

Taking note of the factual submissions, the police closure report qua petitioner after investigation, his custody since 29.08.2025 and his clean antecedents, the Court directed the petitioner to be released on bail furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-12, East Champaran, Motihari, subject to the conditions under Section 437(3) CrPC / Section 480(3) BNSS.

Ratio / Principle

The grounds relied on for granting bail were the closure report submitted by the police qua the petitioner after investigation and the fact that he remained in custody since 29.08.2025 as a man of clean antecedent.

Detailed headnote1 paragraphs

Regular bail granted — Murder/conspiracy case (Sections 302, 120-B read with 34 IPC; Section 27 Arms Act), Piprakothi P.S. Case No.231 of 2020, tried as Session Trial No.1107 of 2025. Petitioner, named in the FIR and in custody since 29.08.2025, was alleged per the FIR to have committed the murder of the informant's nephew with other co-accused; counsel submitted the fatal firearm injury allegation lay against co-accused Rahul Sahani and Dharmendra Kumar, that the petitioner was a PDS dealer implicated in village politics, and that police had filed a closure report qua him, though the Jurisdictional Magistrate took cognizance. Considering the closure report, prolonged custody and clean antecedents, the Patna High Court ordered release on bail of Rs.10,000/- with two like sureties, subject to Section 437(3) CrPC / Section 480(3) BNSS conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9222 of 2026

Arising Out of PS. Case No.-231 Year-2020 Thana- PIPRAKOTHI District- East Champaran

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

Heeralal Sah, Son of Baidhnath Sah, Resident of Village-Mahuawa Dhekhan, P.S.- Piprakothi, Distsrict- East Champaran

... ... Petitioner

Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Bhola Prasad, Advocate Mr. Indrajeet Kumar, Advocate For the Opposite Party : Mr. Anil Kumar Singh No.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 12-02-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The accused/petitioner seeks bail in connection

with Session Trial No.1107 of 2025 arising out of Piprakothi P.S. Case No.231 of 2020 registered for the offences punishable under Sections 302, 120-B read with 34 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act.

The accused/petitioner is named in the FIR and is in custody since 29.08.2025.

As per FIR, the murder of nephew of the

informant was committed by this petitioner along with other

co-accused persons.

Patna High Court CR. MISC. No.9222 of 2026(2) dt.12-02-2026 2/3

It is submitted by learned counsel appearing for petitioner that the allegation of causing fatal firearm injury is available against co-accused Rahul Sahani and Dharmendra Kumar and as per FIR, this petitioner was only alleged to hold the deceased nephew of informant by his hand during the occurrence. It is submitted that during investigation, it transpired that being a PDS Dealer, this petitioner was present at his shop and out of village politics, he was implicated with present case and, therefore, considering all such aspects, the police after investigation submitted closure report qua petitioner but, the learned Jurisdictional Magistrate taking different view, took cognizance against petitioner for the offence alleged. While concluding argument, it is submitted that the petitioner is a man of clean antecedent.

Learned APP opposed the prayer for grant of bail to the petitioner.

In view of aforesaid factual submissions and by taking note of fact as the police submitted closure report qua petitioner after investigation, coupled with the fact that petitioner remains in custody since 29.08.2025 being a man

Patna High Court CR. MISC. No.9222 of 2026(2) dt.12-02-2026 3/3

of clean antecedent, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-12, East Champaran, Motihari in connection with Piprakothi P.S. Case No.231 of 2020, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’).

(Chandra Shekhar Jha, J.)

Sanjeet/-

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