Case Facts:
Patna High Court Cr.Misc. No.20117 of 2012 (2) dt.30-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 20117 of 2012 ====================================================== Lallu Yadav @ Lalo Yadav S/O Late Kameshwar Yadav Resident Of Village Palailpar, P.S- Bihariganj, District- Madhepura. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 30-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Barhara P.S. Case No. 154 of 2009 dated 24.12.2009 registered for offence under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the F.I.R. was against unknown persons and the petitioner has been made accused later on only on the confessional statement of other co-accused. Learned counsel submits that even in the confessional statement of the co- accused no specific role has been assigned though in the F.I.R. it is stated that 7-8 persons came and fired upon the deceased. Specific statement in this regard has been made in paragraphs no. 9 and 10 of the application. It is submitted Patna High Court Cr.Misc. No.20117 of 2012 (2) dt.30-05-2012 that the petitioner is in jail since 09.09.2011. At paragraph no. 7 of the petition it is also stated that the co-accused Naresh Yadav who has taken the name of the petitioner has been released on bail and another co-accused Kailash Mandal has also been released on bail. Further, there has not been any Test Identification Parade. Learned A.P.P. for the State submits that the petitioner has been named as party to the crime and does not deserve to be released on bail. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Barhara P.S. Case No. 154 of 2009. The petitioner shall also execute a bond of good behaviour with an undertaking that he shall not indulge in any criminal activity. Any violation of the terms and conditions shall lead to cancellation of bail in the preset case. This application, accordingly, stands disposed off. Anand Kr. (Ahsanuddin Amanullah, 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.