Patna High Court
Brij Mohan Sah @ Braj Kishor SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Brij Mohan Sah, was charged in a 2013 case for alleged arson and related offences under multiple sections of the Indian Penal Code. He contended that he was falsely implicated, that the FIR admitted a land dispute, and that the informant’s claim of being an eye‑witness was unreliable. The petitioner highlighted that several co‑accused had already been granted bail by various coordinate benches and that he had been in custody since August 2025 without being taken on remand. The State argued that specific allegations existed against the petitioner for setting fire to the informant’s house. Considering the length of custody, the lack of direct evidence, and the precedent of bail to co‑accused, the court ordered his release on bail subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the IPC.
- Whether the specific allegations against the petitioner justify denial of bail.
- Whether the precedent of bail granted to co‑accused and the duration of custody warrant bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 341, 379, 427, 436, 504
Subjects
- bail
- arson
- Indian Penal Code
- Section 480(3) BNSS
- land dispute
- co‑accused bail
- criminal procedure
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69759 of 2025
Arising Out of PS. Case No.-350 Year-2013 Thana- MAJHAULIA District- West Champaran
======================================================
Brij Mohan Sah @ Braj Kishor Sah S/o Late Bhairo Sah R/o Village- Ojha
Mathiya, P.S.- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Majhauliya P.S. Case No. 350 of 2013
registered for the alleged offences under Sections 147, 148, 149,
341, 323, 325, 307, 379, 427, 436, 504 of the Indian Penal
Code.
03. As per prosecution case, petitioner and other co-
accused persons set on fire the house of the informant and two
other persons, causing huge loss of the property.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Altogether 15 persons have been made accused but there is
no specific allegation against the petitioner. There is land
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dispute between the parties and this fact is admitted in the FIR
itself. For the occurrence of the same date, Majhauliya P.S. Case
No. 353 of 2013 was lodged under Sections 147, 148, 149, 341,
323, 324, 307 and 504 of the IPC by the petitioner’s side in
which one Charda Kishore Sah was seriously injured and in
order to create a defence, the informant has filed the present
case. The house of the informant was burnt accidentally or he
himself set it on fire as there was very feeble chance of survival
of Chandra Kishore Sah and the informant had been fearing
getting arrested in the said case. The informant is not an eye
witness as claimed. Further, similarly situated co-accused
Mukesh Sah has been granted bail by a Co-ordinate Bench vide
order dated 31.01.2024 passed in Criminal Misc. No. 3264 of
2024. Other co-accused persons have also been granted bail by
the different Co-ordinate Benches vide order dated 08.01.2024
passed in Criminal Misc. No. 84745 of 2023, order dated
27.08.2025 passed in Criminal Misc. No. 57230 of 2025.
Learned counsel further submits that one of the co-accused
persons, namely Dhurendra Sah @ Dhurendar Sah has been
granted bail by this Court vide order dated 18.06.2025 passed in
Criminal Misc. No. 37733 of 2025. The petitioner is in custody
since 19.08.2025. Charge-sheet has been submitted in this case
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on 05.08.2023 and now the charges have been framed against
the petitioner. Learned counsel further submits that though the
petitioner was in custody in some other case, he was not taken
on remand in the present case. The petitioner is having
antecedent of seven cases and is on bail in all such cases.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that there
is specific allegation against the petitioner and other co-accused
persons that they set on fire the house of the informant and two
other persons, causing massive loss to the victims.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case of the parties and further considering the
period of custody of the petitioner and framing of charge against
him, the petitioner above named is directed to be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Bettiah, District-West
Champaran/court concerned in connection with Majhauliya P.S.
Case No. 350 of 2013, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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