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Patna High Court

Lalji SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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