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Patna High Court

Nepali Pandit @ NepaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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