Patna High Court
Manoj SawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
Manoj Saw was arrested in connection with a shooting incident in Lakhisarai where Basanti Devi was injured, Lakho Devi sustained multiple gunshot wounds, and Baso Devi died. He was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner sought regular bail after an earlier bail application was rejected, arguing that he was falsely implicated, that there was no eye‑witness to the shooting, and that the post‑mortem report showed inconsistencies. The prosecution contended that the petitioner, along with six others, fired at the victims. The High Court, after hearing both sides, found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was granted subject to compliance with the conditions set by the District and Additional Sessions Judge‑III, Lakhisarai.
Issues considered
- Whether regular bail should be granted to an accused charged with murder and offences under the Arms Act.
- Whether the evidence, including the lack of an eye‑witness and post‑mortem findings, is sufficient to justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- regular bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- evidentiary insufficiency
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84789 of 2025
Arising Out of PS. Case No.-311 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
Manoj Saw, S/O Ramjee Saw, R/O village - Dharmraychak, Ward No. 6, P.S. -
Lakhisarai, Dist.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
Mr. Deepak Kumar, Advocate
Ms. Kumari Aakansha Rai, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 18-03-2026 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 rejected by Co-ordinate Bench of this Court
vide order dated 09.04.2025 passed in Cr. Misc. No. 82326 of
2024.
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.84789 of 2025(5) dt.18-03-2026
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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. 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. Petitioner is languishing in judicial custody since
23.05.2024.
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.84789 of 2025(5) dt.18-03-2026
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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 District
and Additional Sessions Judge-III, Lakhisarai in connection
with Lakhisarai P.S. Case No. 311 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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