Patna High Court
Lalji SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, three brothers from Singarpatti, sought bail after being implicated in a murder case registered under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita. They argued that the informant was not an eye‑witness and that the accusation stemmed from an old land dispute, noting that the post‑mortem report showed only two injuries and no witness had seen them commit the crime. The State opposed the bail application. The Court examined the lack of direct evidence, the petitioners' clean antecedents, and the possibility of bias due to the land dispute. It ordered that the petitioners be released on bail if they surrender within eight weeks, subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the alleged murder charges.
- Whether the lack of eyewitness testimony and the alleged motive of a land dispute justify bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- land dispute
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79351 of 2025
Arising Out of PS. Case No.-272 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
1. Lalji Sah Son of Late Bhagirathi Sah R/O Village - Singarpatti, P.S.-
Hussaingunj, District - Siwan.
2. Shyam Lal Sah Son of Late Bhagirathi Sah R/O Village - Singarpatti, P.S.-
Hussaingunj, District - Siwan.
3. Satendra Sah Son of Late Dukhan Sah R/O Village - Singarpatti, P.S.-
Hussaingunj, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Singh
Mr.Sumit Kumar
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 103(1), 61(2) and 3(5)
of the Bhartiya Nyaya Sanhita.
3. Informant suspects that on account of previous land
dispute, all the named accused including these petitioners
committed murder of his father.
4. Learned counsel for the petitioners submits that
from bare perusal of the F.I.R., it is apparent that informant is
not eye-witness to the occurrence. Suspicion has been raised
against these petitioners only because of old land dispute. As per
F.I.R., 8 accused persons are alleged to have committed the
Patna High Court CR. MISC. No.79351 of 2025(3) dt.13-01-2026
2/2
murder of informant’s father, but in the post-mortem report,
only two injuries have been found on the person of deceased.
During investigation, none of the witnesses has claimed to have
seen these petitioners committing the alleged occurrence.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned J.M. 1st Class, Siwan in connection with
Hussainganj P.S. Case No. 272 of 2025, subject to condition as
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…