Patna High Court
Heeralal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, given the closure report, the accused’s clean antecedent and the extended custody, bail must be granted.
Summary
Heeralal Sah was arrested in connection with a murder case (IPC Sections 302, 120‑B read with 34 and Arms Act Section 27) and has been in custody since 29‑08‑2025. He contended that he only held the victim and did not cause the fatal injury, and that the police had submitted a closure report against him. The magistrate, however, took cognizance and refused bail. Relying on the police closure report, the petitioner’s clean antecedent, and the length of his pre‑trial detention, the High Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).
Issues considered
- Whether bail should be granted to the accused despite charges of murder, conspiracy and illegal possession of arms
- Whether the police closure report in favour of the accused is sufficient to justify bail
- Whether the accused’s clean antecedent and prolonged pre‑trial custody warrant release on bail
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
Subjects
- bail
- murder
- conspiracy
- arms act
- closure report
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9222 of 2026
Arising Out of PS. Case No.-231 Year-2020 Thana- PIPRAKOTHI District- East Champaran
======================================================
Heeralal Sah, Son of Baidhnath Sah, Resident of Village-Mahuawa Dhekhan,
P.S.- Piprakothi, Distsrict- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Bhola Prasad, Advocate
Mr. Indrajeet Kumar, Advocate
For the Opposite Party : Mr. Anil Kumar Singh No.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Session Trial No.1107 of 2025 arising out of Piprakothi
P.S. Case No.231 of 2020 registered for the offences
punishable under Sections 302, 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 named in the FIR and is
in custody since 29.08.2025.
4. As per FIR, the murder of nephew of the
informant was committed by this petitioner along with other
co-accused persons.
Patna High Court CR. MISC. No.9222 of 2026(2) dt.12-02-2026
2/3
5. It is submitted by learned counsel appearing for
petitioner that the allegation of causing fatal firearm injury is
available against co-accused Rahul Sahani and Dharmendra
Kumar and as per FIR, this petitioner was only alleged to hold
the deceased nephew of informant by his hand during the
occurrence. It is submitted that during investigation, it
transpired that being a PDS Dealer, this petitioner was
present at his shop and out of village politics, he was
implicated with present case and, therefore, considering all
such aspects, the police after investigation submitted closure
report qua petitioner but, the learned Jurisdictional Magistrate
taking different view, took cognizance against petitioner for
the offence alleged. While concluding argument, it is
submitted that the petitioner is a man of clean antecedent.
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 the police submitted closure report qua
petitioner after investigation, coupled with the fact that
petitioner remains in custody since 29.08.2025 being a man
Patna High Court CR. MISC. No.9222 of 2026(2) dt.12-02-2026
3/3
of clean antecedent, 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-12, East Champaran, Motihari in
connection with Piprakothi P.S. Case No.231 of 2020, subject
to the conditions as laid down under Section 437(3) of the
Code of Criminal Procedure (for short ‘CrPC’)/under Section
480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.