← Library
Patna High CourtCR. MISC./9222/2026bail granted

Heeralal Sah v. The State Of Bihar

2026-02-12Mr. Justice Chandra Shekhar Jha3 pages

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 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, abovenamed, 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