Patna High Court
Sagar DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sagar Devi, was arrested in connection with a case alleging possession of two country-made pistols recovered from an iron drum in her house, a joint family dwelling. She contended that she had no knowledge of the weapons, that the search and seizure were not conducted in accordance with Sections 103 and 105 of the B.N.S.S., and that she was falsely implicated. The State opposed bail, citing the seriousness of the offences under Sections 25(1‑Ba) and 26 of the Arms Act. The court noted the petitioner’s gender, lack of prior criminal record, the fact that the charge sheet had already been filed, and the absence of any risk of evidence tampering. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions regarding attendance, non‑tampering, and future offences.
Issues considered
- Whether bail should be granted to the petitioner accused under the Arms Act.
- Whether the petitioner can be held liable for weapons found in a joint house.
- Whether the search and seizure complied with Sections 103 and 105 of the B.N.S.S.
- Whether there is a likelihood of tampering with evidence or witnesses.
Legislation cited
Subjects
- bail
- Arms Act
- illegal possession
- joint house
- search and seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88112 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- KALUAHI District- Madhubani
======================================================
Sagar Devi W/o Ram Kumar Singh R/o Village - Gena Tola Chhatvaniya, P.S.
- Kaluahi, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with
Kaluahi P.S. Case No. 169 of 2025 (G.R. No. 2392 of 2025)
registered for the offences punishable under Sections 25(1-B)a
and 26 of the Arms Act.
3. As per the prosecution case, it is alleged that two
country-made pistols were recovered from an iron drum kept in
the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the FIR and he has falsely been implicated in the
present case. It is further submitted that the search and seizure
was not made according to relevant provisions i.e. Sections 103
Patna High Court CR. MISC. No.88112 of 2025(2) dt.09-01-2026
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and 105 of B.N.S.S. It is orally submitted that the house of the
petitioner is a joint house and she had no knowledge of the
alleged illegal arms purportedly kept at a particular place
therein. Hence, petitioner cannot be held liable for the recovery
from the joint house. Petitioner being a lady is in custody since
18.09.2025 and bears no criminal antecedent. Charge sheet has
been submitted in the case and there is no likelihood of
tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, petitioner being a lady having no criminal antecedent,
period of custody, charge sheet has been submitted in the case
and there is no likelihood of tampering with the prosecution
evidence, argument advanced on behalf of both sides and also
taking into consideration the material available on record, let the
petitioner above named be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned C.J.M.,
Madhubani in connection with Kaluahi P.S. Case No. 169 of
2025 (G.R. No. 2392 of 2025), subject to following conditions:-
(i) One of the bailors shall be either father or
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mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(iv) If the petitioner is found involved in similar
nature of offences in future, the learned trial court shall be at
liberty to cancel his bail bond.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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