Patna High Court
Lalo Saw @ Lallu Saw @ LaloversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Lalo Saw was arrested in connection with a shooting incident in which Basanti Devi was injured and Baso Devi died, and was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that the only witness was an informant who hid during the shooting and that there were no eye‑witnesses, and pointed out that a co‑accused had already been granted bail. Having been denied bail twice earlier, he had been in judicial custody since 18‑05‑2024. The State opposed the bail application. After hearing both sides, the High Court considered the lack of direct evidence and the petitioner’s prolonged detention and decided to enlarge him on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, charged with murder, attempt to murder and illegal possession of arms, is entitled to regular bail despite the seriousness of the offences.
- Whether the evidentiary material, notably the absence of an eye‑witness, warrants the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- attempt to murder
- arms act
- criminal procedure
- evidence
- custodial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27021 of 2026
Arising Out of PS. Case No.-311 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
Lalo Saw @ Lallu Saw @ Lalo S/O Ramjee Saw R/O Village-Dharmraychak,
Ward No.- 06, Police Station-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.Chandra Sen Prasad 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 renewed his prayer for grant of
regular bail in connection with Lakhisarai P.S. Case No. 311 of
2024 registered for the offence punishable under Sections
302/34 of the Indian Penal Code and Section 27 of the Arms Act
which was earlier twice rejected by learned co-ordinate Bench
of this Court vide order dated 09.04.2025 passed in Cr. Misc.
No. 82326 of 2024 and vide order dated 12.09.2025 passed in
Cr. Misc. No. 66157 of 2025.
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
Patna High Court CR. MISC. No.27021 of 2026(2) dt.08-05-2026
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received three gun shot injuries. Baso Devi succumbed to the
injury.
4. Learned counsel appearing on behalf of the
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 that 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 18.05.2024.
5. The application for bail is vehemently opposed by
learned APP for the State.
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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 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-3rd , Lakhisarai in connection with
Lakhisarai P.S. Case No. 311 of 2024.
(Ashok Kumar Pandey, J)
lata/-
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