Ashok Saw v. The State Of Bihar
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 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