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Patna High Court

Brij Mohan Sah @ Braj Kishor SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.69759 of 2025(3) dt.06-01-2026
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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
Patna High Court CR. MISC. No.69759 of 2025(3) dt.06-01-2026
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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
           Patna High Court CR. MISC. No.69759 of 2025(3) dt.06-01-2026
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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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