Patna High Court
Ashok SawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Ashok Saw was arrested in connection with a murder case under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, alleged to have fired at three women, one of whom died. The petitioner claimed innocence, arguing that he was falsely implicated, that the post‑mortem report contradicted the prosecution’s version, and that there was no eye‑witness, only an informant’s statement. He also highlighted that a co‑accused had previously been granted bail and that he had been in judicial custody for a year. The State opposed bail, citing the seriousness of the offences. The Court, after considering the lack of direct eyewitness testimony, the prolonged detention, and the precedent of bail to a co‑accused, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- What is the applicability of regular bail to an accused charged with murder under Sections 302/34 IPC and Section 27 Arms Act?
- Does the absence of an eye‑witness and the existence of a prior bail order for a co‑accused justify granting bail?
- Whether the petitioner’s prolonged pre‑trial detention warrants bail?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- criminal procedure
- eyewitness
- postmortem
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26228 of 2026
Arising Out of PS. Case No.-311 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
Ashok Saw Son of Ramjee Saw Resident of Village- Dharmraychak, Ward
No. 06, P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 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 Sections 302/34 of
the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner
along with other six being armed with weapon fired at Basanti
Devi @ Baso Devi and Lakho Devi. It is alleged that Basanti
Devi received two gun shot injuries whereas Lakho Devi
received three gun shot injuries. Baso Devi succumbed to the
injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.26228 of 2026(2) dt.08-05-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. From perusal of the postmortem report it will transpire that
Basanti Devi has received three firearm injury and one lacerated
wound. It has further been submitted that the nature of
allegation is general and omnibus. Petitioner is next door
neighbour. There is case and counter case between the parties. It
has further been submitted that in this case, till today only one
witness has been examined i.e. Manju Devi, the informant and
she has stated that while the accused persons started firing, she
concealed herself behind a drum. Learned counsel for the
petitioner has submitted that this statement of the informant
goes to show there is no eye witness to the occurrence. It has
further been submitted similarly situated co-accused Manoj Saw
has already been granted bail by this Court vide Cr. Misc. No.
84789 of 2025. Moreover, petitioner is languishing in judicial
custody since 08.05.2025.
5. The application for bail is opposed by learned APP
for the State.
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
Patna High Court CR. MISC. No.26228 of 2026(2) dt.08-05-2026
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Sessions Judge- 2nd , Lakhisarai in connection with
Lakhisarai P.S. Case No. 311 of 2024.
(Ashok Kumar Pandey, J)
lata/-
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