Patna High Court
Buttu Sao @ Butta Sao @ Shailendra SaoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Buttu Sao, sought regular bail in a case registered under Section 103(1) of the BNS for the alleged murder of an informant's brother whose body was found concealed in a hay house. The prosecution alleged that six persons, including the petitioner, assaulted the victim with lathis and rods, and presented post‑mortem findings of head injuries. The petitioner argued that the informant was not an eyewitness, the FIR was vague, and that a similarly situated co‑accused had previously been granted bail, emphasizing his lack of prior criminal record and his custody since August 2025. The State opposed the bail, contending the seriousness of the offence. After hearing both sides, the court found the allegations general and noted the petitioner’s clean record, deciding to enlarge bail on the condition of a Rs.10,000 bond with two sureties. The petitioner was ordered to be released on bail pending further trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 103(1) of the BNS given the nature of the allegations and the evidence presented.
Legislation cited
- BNS — s. 103(1)
Subjects
- bail
- criminal procedure
- Section 103
- informant
- post‑mortem
- no prior criminal record
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7903 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
Buttu Sao @ Butta Sao @ Shailendra Sao, S/O Balchandra Sao @ Bal
Chandra Sao ,R/O Village- Saraiya Pirkha Saray, Police Station- Khizersarai,
District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 103(1) of the
BNS.
3. The case of the prosecution, in short, is that the
brother of the informant was killed by some unknown persons
and his dead body was concealed in hay house. When certain
persons entered there to hide from rain, they found the dead
body of the deceased and informed the informant. The
informant has named altogether six persons with 10 unknown
and has alleged that they have assaulted with lathi, danda and
rod.
Patna High Court CR. MISC. No.7903 of 2026(3) dt.25-02-2026
2/3
4. Learned counsel for the petitioner submits that
from perusal of the FIR itself it is clear that the dead body of the
deceased was found in a hay house and the persons who have
gone there to hide themselves from rain have disclosed that the
dead body of the deceased was there. It has further been
submitted that this fact goes to show that the informant is not
the eye-witness. From perusal of the order of learned trial Court,
it transpires that in postmortem report the doctor conducting
autopsy of the deceased has found following antemortem
injuries:-
(i) On occipital bone(back)-lacerated wound size 2’ x
1 ½” depressed Bone, (ii) Rt. Side of forehead-Abraison present
size 1”x 1” and (iii) Right side of back, on back abrasion present
o 3” x 2”.
It has further been submitted that nature of allegation is general
and omnibus. It has also been submitted that similarly situated
co-accused Bhot Chaudhary has been granted bail by this Court
vide Cr. Misc. No. 8443 of 2026.Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
25.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
Patna High Court CR. MISC. No.7903 of 2026(3) dt.25-02-2026
3/3
6. Having heard learned counsel for the parties and
considering the 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
Khizersarai P.S. Case No. 331 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
First Class, Gaya.
(Ashok Kumar Pandey, J)
lata/-
U T
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