Patna High Court
Nepali Pandit @ NepaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Nepali Pandit, was arrested in connection with a murder case (Suryagarha P.S. Case No. 149 of 2019) under IPC sections 302/34 and Arms Act section 27. He sought bail, arguing that the FIR lacked an eye‑witness and was based merely on prior enmity, and that the police had submitted a closure report against him. The learned magistrate, however, took cognizance and kept him in custody for six months. The court noted the closure report, the absence of incriminating material, and that a co‑accused (Sujit Mahto) had already been granted bail in a similar circumstance. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. section 437(3) and BNSS section 480(3).
Issues considered
- Whether bail should be granted when a closure report has been filed but the magistrate has taken cognizance of the offence.
- Whether the lack of an eye‑witness and the allegation of prior enmity justify denial of bail.
- Whether the grant of bail to a similarly situated co‑accused influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Section 34
- Arms Act
- closure report
- Criminal Procedure Code
- enmity
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63119 of 2025
Arising Out of PS. Case No.-149 Year-2019 Thana- SURYAGARHA District- Lakhisarai
======================================================
Nepali Pandit @ Nepali Son of Ramesh kumar Resident of Village- Auraiya,
P.S.- and District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhumay Madhup, Advocate
Mr. Nilabh Ranjan, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Suryagarha P.S. Case No. 149 of 2019, registered for the offence
under Section 302/34 of the Indian Penal Code, 1860 and Section
27 of Arms Act.
3. The accused/petitioner is named in the F.I.R. and is
in custody since 02.07.2025.
4. The allegation against the petitioner is to commit
murder of husband of the informant by causing firearm injury
alongwith other named co-accused persons due to previous
enmity.
5. Learned counsel appearing on behalf of the petitioner
submitted that from the facial perusal of FIR, it can be gathered
safely that the informant is not the eye-witness of the occurrence
Patna High Court CR. MISC. No.63119 of 2025(4) dt.04-02-2026
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and merely on the basis of suspicion arising out of previous
enmity, petitioner alongwith other co-accused persons named with
present crime in question. It is submitted that considering the
aforesaid aspects, the co-accused Sujit Mahto was granted bail by
one of the learned co-ordinate Bench of this Court through Cr.
Misc. No. 65175 of 2019 dated 04.11.2019.
6. Arguing further, it is submitted by learned counsel
that after investigation police submitted closure report against this
petitioner but the learned Jurisdictional Magistrate taking a
different note, took cognizance against this petitioner. It is
submitted that the petitioner is in custody since last six months,
without having any incriminating material against him. Petitioner
claimed clean antecedent.
7. Learned APP while opposing the prayer of bail could
not disputed the aforesaid factual submission.
8. Considering the aforesaid factual submissions and by
taking note of fact as the police after investigation submitted
closure report against petitioner coupled with the fact that similarly
situated co-accused, namely Sujit Mahto has already granted bail
by one of the learned co-ordinate Bench of this Court as discussed
aforesaid, accordingly, petitioner above named, is directed to be
released on bail in connection with Suryagarha P.S. Case No. 149
Patna High Court CR. MISC. No.63119 of 2025(4) dt.04-02-2026
3/3
of 2019, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions Judge-II,
Lakhisarai/concerned Court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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