Patna High Court

Dharmvir Saw @ DigambarversusThe State of Bihar

Decided: 8 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Dharmvir Saw @ Digambar, a resident of Jamui, was arrested in connection with a raid that uncovered illegal firearms and related materials. He was charged under several provisions of the Arms Act and the Bharatiya Nyaya Sanhita, 2023, and sought bail. The petitioner contended that he was falsely implicated, that no arms were found in his possession, that the charge sheet had already been filed, and that the investigating agency had not complied with Section 103 of the BNSS. He also pointed to a prior order granting bail to similarly situated co‑accused. The State opposed the bail application. Considering the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under the Arms Act and the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offence.
Whether the failure to comply with Section 103 of the BNSS, 2023, warrants bail.
Whether the grant of bail to co‑accused in a similar case is determinative for the present petition.

Legislation cited

Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)a, 26, 35
Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 317(5), 3(5), 61(2)

Subjects

bail
Arms Act
Bharatiya Nyaya Sanhita
illegal firearms
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12617 of 2026
                         Arising Out of PS. Case No.-121 Year-2025 Thana- GARHI District- Jamui
                 ======================================================
                 Dharmvir Saw @ Digambar Son of Shambhu Saw Resident of Village-
                 Ropavel, P.S.- Garhi, District- Jamui            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar bihar                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Devika Rani, Advocate
                 For the Opposite Party/s :        Mr.Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   08-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Garhi

                   P.S. Case No. 121 of 2025 instituted for the offence under

                   Sections 25(1-A), 25(1-AA), 25(1-B)a, 26 & 35 of the Arms Act

                   and Sections 317(2), 317(5), 61(2) & 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on

                   06.08.2025, on receipt of secret information, a raiding team

                   conducted a raid at the house of co-accused, namely, Munna

                   Saw, and allegedly apprehended five persons manufacturing

                   illegal firearms, from whose possession illegal arms, tools and

                   materials used for manufacturing firearms were recovered and

                   seized.

                                5. It has been further submitted by the petitioner's

                   counsel that petitioner has been falsely implicated in the present
            Patna High Court CR. MISC. No.12617 of 2026(3) dt.08-04-2026
                                                        2/2




                      case. It is submitted that petitioner has no concern with the

                      recovered arms. Nothing has been recovered from the conscious

                      possession of the petitioner. Learned counsel next submits that

                      police after investigation has already submitted charge sheet in

                      this case. There is no compliance of Section 103 of the BNSS,

                      2023. It is further submitted that similarly situated co-accused

                      persons have been granted bail by a co-ordinate Bench of this

                      Court vide order dated 11.03.2026 passed in Cr. Misc. No. 6373

                      of 2026. Moreover, the petitioner has languishing in Judicial

                      Custody since 06.08.2025.

                                   6. Learned A.P.P. for the State has vehemently

                      opposed the prayer for grant of bail to the petitioner.

                                   7. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Garhi P.S. Case No. 121 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate, 1st Class, Jamui.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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