Patna High Court
Lal Bachan SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail must be granted as the petitioner was not named in the FIR, the investigation was complete, and no incriminating material linked him to the offences.
Summary
Lal Bachan Sahni, who was not named in the FIR, sought bail for alleged offences of murder, attempt to conceal murder, criminal conspiracy and illegal possession of arms under IPC sections 302, 404, 120‑B read with 34 and Arms Act section 27. He has been in custody since 6 February 2024 after his name surfaced in a confessional statement of a co‑accused, but no direct incriminating material was found against him. The FIR listed nine co‑accused, and the investigation has been completed with a charge‑sheet already filed. The Additional Public Prosecutor opposed bail, arguing the seriousness of the charges. The High Court, noting that the petitioner was not originally named in the FIR, that the investigation was concluded, and that there was no material linking him prima facie to the crime, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to an accused not named in the FIR but implicated through a co‑accused's confessional statement.
- Whether the completion of investigation and filing of a charge‑sheet justify granting bail.
- Whether the conditions prescribed under Section 437(3) CrPC and Section 480(3) BNSS are applicable.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Indian Penal Code — s. 120-B, 302, 34, 404
Subjects
- bail
- murder
- conspiracy
- arms act
- investigation
- charge-sheet
- CrPC
- BNSS
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79849 of 2025
Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj
======================================================
Lal Bachan Sahni, S/o Nageshwar Sahni, Resident of village - Bhawani
Chhapar, Ersa Tola, P.S. - Sri Rampur, District - Deoria (U.P.).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Sessions Trial No.506 of 2024 arising out of Bhorey P.S.
Case No.205 of 2019 registered for the offences punishable
under Sections 302, 404, 120-B read with 34 of the Indian
Penal Code (in short ‘IPC’) and Section 27 of the Arms Act.
3. The accused/petitioner is not named in the FIR
and is in custody since 06.02.2024.
4. As per FIR, total of nine co-accused persons
specifically alleged to commit murder of younger brother of
the informant while he was monitoring the ongoing
construction work of petrol pump on 13.06.2019.
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5. It is submitted by learned counsel appearing for
petitioner that the informant, who claimed himself to be an
eye witness of the occurrence categorically stated through FIR
that six named co-accused persons were involved in alleged
firing in which his younger brother was died on spot and also
named three accused persons as conspirators. It is submitted
that FIR also disclosed the name of three persons, who
witnessed the occurrence. It is submitted that it is not a case
of the informant that some unknown miscreants were also
involved in the occurrence. Arguing further, it is pointed out
that during investigation on the basis of confessional
statement of co-accused Vishal Singh, who was also not
initially named, the name of this petitioner transpired in
connection with present case, in furtherance of which, no
incriminating material appears recovered/surfaced during
investigation as to connect petitioner prima facie with present
crime in question. It is submitted that other unknown accused
persons, who implicated with present case has already been
acquitted by learned trial court through Sessions Trial No.663
of 2022 dated 11.04.2025. While concluding argument, it is
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submitted that investigation of this case is already completed,
for which, charge-sheet has been submitted and, as such,
there is no chance of tampering with the evidence.
6. Learned APP opposed the prayer for grant of bail
to the petitioner.
7. In view of aforesaid factual submissions and by
taking note of fact as petitioner was not named with FIR in
view of the fact that informant claims himself as an eye
witness of the occurrence with no allegation that other
unknown co-accused persons were also involved in the
occurrence, coupled with the fact that investigation of this
case is already completed, where petitioner remains in
custody since 06.02.2024, accordingly, the petitioner, above-
named, is directed to be released on bail furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Additional Sessions Judge-VIII, Gopalganj in connection with
Sessions Trial No.506 of 2024 arising out of Bhorey P.S. Case
No.205 of 2019, subject to the conditions as laid down under
Section 437(3) of the Code of Criminal Procedure (for short
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‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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