Patna High Court
Pappu SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Pappu Sah applied for bail in a murder case (Kuchaikot P.S. Case No. 110 of 2025) where he is accused under IPC Sections 126(2), 115(2), 108 and 3(5) B.N.S. for allegedly killing the informant's daughter. The petitioner contended that he is the husband of the deceased, was falsely implicated, and that the autopsy showed death by hanging, not homicide. He also highlighted his clean record and that he has been in judicial custody since 18‑03‑2025. The State opposed the bail, arguing the seriousness of the charges. After hearing both sides, the Court found the allegations to be general and the evidence insufficient to deny bail, and therefore ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 126(2), 115(2), 108 and 3(5) of the IPC given the nature of the allegations and evidence.
Legislation cited
- Indian Penal Code — s. 108, 115(2), 126(2), 3(5)
Subjects
- bail
- murder
- IPC
- false implication
- hanging
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4981 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Pappu Sah, Son of Hari Kisun Sah, Resident of Village - Kuti, Bathana, P.O.-
Shukul Nashwa, P.S.- Kuchaikot, District - Gopalganj, Pin - 841428, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajni Kant, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kuchaikot P.S. Case No. 110 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 108 and 3(5)
B.N.S.
3. The case of the prosecution, in short, is that the
petitioner along with others has killed the daughter of the
informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. Petitioner is husband of the deceased and
he has been falsely implicated in this case. From perusal of the
F.I.R. itself it is clear that nature of allegation is general and
Patna High Court CR. MISC. No.4981 of 2026(2) dt.04-02-2026
2/2
omnibus. It has further been submitted that the doctor
conducting autopsy of the deceased has only found ligature
mark on the person of the deceased and the cause of death is
asphyxia due to hanging. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
18.03.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional District Judge-II, Gopalganj in connection with
Kuchaikot P.S. Case No. 110 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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