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Patna High Court

Lalo Saw @ Lallu Saw @ LaloversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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.
             Patna High Court CR. MISC. No.27021 of 2026(2) dt.08-05-2026
                                                         3/3




                                    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/-
U        T


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