Patna High Court
Deo Kumar SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Arms Act — s. 25(1-B)(a), 35
- Bhartiya Nyaya Sanhita, 2023 — s. 111(4), 112
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
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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
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