Chhotelal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24745 of 2026 Arising Out of PS. Case No.-204 Year-2025 Thana- GOPALPUR District- West Champaran ====================================================== Chhotelal Sah Son of Late Chandar Sah Resident of Vill. - Ghogha, Ward No.- 03, P.S.- Gopalpur, Dist- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar s... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sitesh Kashyap For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-07-2026 Heard the parties.
2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 204 of 2025 registered for the offence under Sections 137(2), 87, 3(5) of BNS.
3. The petitioner is not named in the F.I.R. and is in custody since 11.12.2025.
4. Accused is informant of this case, who alleged that the named co-accused persons kidnapped his minor daughter aged about 17 years for the purpose of illicit intercourse/ marriage, but during course of investigation some of the witnesses raised suspicion out of hearsay input received from unknown villagers that
2/4 the petitioner was involved in honor killing of his daughter who is still missing. Consequent upon this petitioner, who was the informant was arrested by the police. During police custody petitioner confessed to commit murder of his daughter.
5. Learned counsel appearing on behalf of the petitioner submitted that occurrence took place on 16.11.2025 and FIR was lodged on 25.11.2025. It is submitted that the main co-accused Bolbam Sah on earlier occasion also kidnapped the daughter of the informant/ petitioner-accused and this time also he kidnapped her but under police connivance, he implicated informant with help of co-villagers namely Mantu Sah and Manoj Sah. In support of his submission learned counsel referred para no. 25 and 26 of case diary where statement of Mantu Sah and Manoj Sah appears recorded in view of Section 180 of BNSS, where they stated that this petitioner, himself committed murder of his daughter what they came to know from
3/4 the mouth of unknown co-villagers. It is stated thereof that to save himself and family members, false FIR was lodged against named accused person.
6. Save and except statement of this witnesses nothing incriminating appears against this petitioner. It is submitted that statement recorded under police custody is of no evidentiary value. It is submitted that with this much material this petitioner who is the original author of the FIR is in custody since 11.12.2025, without having any cogent materials. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual submission and by taking note of fact as petitioner, who is the informant of this case is in custody since 11.12.2025 prima-facie
4/4 on the basis of suspicions as raised by some of the witnesses during course of investigation as discussed aforesaid, accordingly petitioner above named, is directed to be released on bail in connection with Gopalpur P.S. Case No. 204 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Bettiah, West Champaran /concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T