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Patna High Court

Ashok SawversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                         3/3




                       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/-
U        T


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