Deva @ Dev Kumar @ Deva Kumar @ Dev Kumar Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Deva @ Dev Kumar @ Deva Kumar @ Dev Kumar Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 22nd Additional Sessions Judge, East Champaran, Motihari, in connection with Sessions Trial No.110 of 2024 arising out of Chhatauni P.S. Case No.360 of 2023, subject to the condition that the petitioner shall remain physically present before the Trial Court till conclusion of the trial.

Issue for consideration

Whether the petitioner — in custody since 30.07.2023 in Sessions Trial No.110 of 2024 (arising out of Chhatauni P.S. Case No.360 of 2023) for offences under Sections 120 B and 25(1-B)a/26/35 of Arms Act, whose earlier bail prayer was rejected on 12.02.2024 with a one-year trial-completion direction — should be released on bail on renewal of his prayer, the trial being unconcluded.

Court's answer

Considering the reported stage of trial (of six prosecution witnesses only the informant and the I.O. examined; the remaining four not turned up and NBWs issued against them), the submissions of learned counsel, and the fact that the petitioner is in custody for more than one year despite the earlier direction to conclude the trial within one year, the Court ordered the petitioner's release on bail.

Ratio / Principle

The petitioner was ordered released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned 22nd Additional Sessions Judge, East Champaran, Motihari, in connection with Sessions Trial No.110 of 2024 arising out of Chhatauni P.S. Case No.360 of 2023.

Key takeaways

Bail was made conditional on the petitioner remaining physically present before the Trial Court till conclusion of the trial.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice Ramesh Chand Malviya), CR. MISC. No.20319 of 2025, oral order dated 02-05-2025, arising out of Chhatauni P.S. Case No.360 of 2023, District East Champaran (pending as Sessions Trial No.110 of 2024 before the 22nd Additional Sessions Judge, Motihari): Renewed regular-bail prayer of Deva @ Dev Kumar @ Deva Kumar @ Dev Kumar Sah — in custody since 30.07.2023 in a case registered for offences under Sections 120 B and 25(1-B)a/26/35 of Arms Act, the FIR alleging recovery of a country-made gun, two live cartridges and two mobile phones — was GRANTED. His earlier bail prayer had been rejected on 12.02.2024 in Cr. Misc. No.61498 of 2023 with a direction to conclude the trial within one year and liberty to renew thereafter; the trial remained unconcluded, and per letter no.164 dated 26.04.2025 of the District & Additional Sessions Judge-22nd only two of six prosecution witnesses (informant and I.O.) had been examined, NBWs standing against the remaining four. Considering the trial stage, counsel's submissions and custody exceeding one year (nine criminal antecedents disclosed, though on bail in all), the Court released the petitioner on bail on a bond of Rs.10,000/- with two like sureties before the 22nd Additional Sessions Judge, East Champaran, Motihari, imposing the condition of physical presence before the Trial Court till conclusion of the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20319 of 2025

Arising Out of PS. Case No.-360 Year-2023 Thana- CHHATAUNI District- East Champaran

======================================================

Deva @ Dev Kumar @ Deva Kumar @ Dev Kumar Sah S/O Lalababu Sah R/O Village- Mathiyadih, Ward No. 6, P.S- Chhatauni, Distt.- East Champaran, Motihari.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 02-05-2025

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in custody in a case registered for an offence punishable under Sections 120 B and 25(1-B)a/26/35 of Arms Act.

As per allegation in the FIR, there is a recovery of country made gun, two live cartridges and two mobile phones.

Earlier the prayer for bail of this petitioner was rejected by this Court vide order dated 12.02.2024 passed in Cr. Misc. No.61498 of 2023 with a direction to the learned Trial Court to conclude the trial within a period of one year and the petitioner shall be at liberty to renew his prayer after one year.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. Petitioner is in custody since 30.07.2023. He further submits that nothing has been recovered from the possession of

Patna High Court CR. MISC. No.20319 of 2025(3) dt.02-05-2025 2/3

the petitioner. He next submits that vide earlier order dated 12.02.2024 passed in Cr. Misc. No.61498 of 2023, this Court has directed to the learned Trial Court to conclude the trial within one year but till date the trial is not concluded. He further submits that petitioner has got nine criminal antecedents but fairly submits that he in on bail in all the cases as stated in para3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

From perusal of the First Information Report, report regarding stage of trial and impugned order dated 17.02.2025, it appears that vide letter no.164 dated 26.04.2025, learned District & Additional Sessions Judge-22nd, East Champaran, Motihari has stated that the case is fixed for evidence of prosecution and out of total six witnesses only two witnesses (i.e. informant and I.O) have been examined and rest four witnesses have been not turned up before the Court as yet and NBW was also issued against them. So, considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioner, report regarding stage of trial as well as the fact petitioner is in custody for more than one year, let the above named petitioner be released on bail, on his

Patna High Court CR. MISC. No.20319 of 2025(3) dt.02-05-2025 3/3

furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned 22^nd Additional Sessions Judge, East Champaran, Motihari, in connection with Sessions Trial No.110 of 2024 arising out of Chhatauni P.S. Case No.360 of 2023 with a condition that the petitioner shall remain physically present before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Harshita/-

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