Created by Fuzzy Cloud

Patna High Court

Deo Kumar SaoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Deo Kumar Sao applied for regular bail in a case registered under sections 111(4) and 112 of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a) and 35 of the Arms Act. The prosecution alleged that a pistol was recovered from co‑accused Dablu Kumar, but no incriminating article was found in the petitioner's possession. The petitioner claimed innocence, a clean criminal record, and that he had been in custody since 16‑12‑2025. The State opposed the bail. The Court, noting the absence of any weapon recovered from the petitioner and his clean antecedents, ordered his release on bail with a bond of Rs. 10,000 and two sureties, allowing the application.

Issues considered

  • Whether regular bail can be granted to the petitioner under sections 111(4) and 112 of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a) and 35 of the Arms Act when no incriminating article was recovered from his possession.
  • Whether the bail granted to a co‑accused in a related matter is relevant to the petitioner's bail application.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • arms act
  • Bhartiya Nyaya Sanhita
  • possession of weapon
  • co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18850 of 2026
                     Arising Out of PS. Case No.-240 Year-2025 Thana- SACHIVALAYA District- Patna
                 ======================================================
                 Deo Kumar Sao Son of Ram Nath Sao R/o Ganhara, P.S. - Shahpur, Dist. -
                 Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sachiwalaya P.S. Case

                   no. 240 of 2025 registered under sections 111(4) and 112 of the

                   Bhartiya Nyaya Sanhita, 2023 and section 25(1-B)(a) and 35 of

                   the Arms Act

                                3. As per the prosecution case, a country made pistol

                   is said to have been recovered from the possession of the co-

                   accused Dablu Kumar.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It has further been submitted that no incriminating

                   article has been recovered from the conscious possession of the
              Patna High Court CR. MISC. No.18850 of 2026(2) dt.25-03-2026
                                                          2/2




                        petitioner and he has no concern with the said recovery. It is also

                        submitted that similarly situated co-accused person has been

                        granted the privilege of bail by a co-ordinate Bench of this

                        Court vide order dated 17.02.2026 passed in Cr. Misc. No. 8191

                        of 2026. It is lastly submitted that the petitioner has clean

                        criminal antecedent and is in custody since 16.12.2025.

                                     5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioner.

                                     6. Considering the aforesaid submissions of the

                        parties and taking into account the fact that no incriminating

                        article has been recovered from the conscious possession of the

                        petitioner, let the petitioner above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned      Court      concerned,       Patna,      in   connection   with

                        Sachiwalaya P.S. Case no. 240 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.