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Patna High Court

Heeralal SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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


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