Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41637 of 2011 Phekan Paswan Versus The State Of Bihar ----------- 03/ 25.01.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 24.9.2011 in a case initially, registered under [STATUTE] and 27 of the Arms Act but later on, [STATUTE] was also added. Petitioner is not named in the first information report and name of this petitioner came in the statement of the mother-in-law of the informant. It is the prosecution case that when alleged occurrence took place the mother-in-law of the informant was also present at the place of the occurrence and the fardbeyan of the informant was registered in presence of her family members. Had the mother-in-law of the informant identified the petitioner, she would have certainly disclosed name of the petitioner before the informant prior to the registration of her fardbeyan. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Phekan Paswan, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in Barbigha P.S. Case no. 57/2007. Shahid Hassan (Hemant Kumar Srivastava,J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.