Case Facts:
Patna High Court Cr.Misc. No.32417 of 2012 (3) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32417 of 2012 ====================================================== 1. Jitendra Singh @ Jitendra Kumar Singh Son Of Vidya Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 12-12-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 04.06.2012 in a case initially registered under [STATUTE] but later on, [STATUTE] was also added. There is allegation against the petitioner that he gave tangi blow on the forehead of the deceased and also gave tangi blow to injured Subhash Singh. Admittedly, the alleged occurrence took place on account of land dispute. Learned counsel for the petitioner submits that there is counter case lodged by father of the petitioner and in the aforesaid counter case, petitioner as well as his father sustained several injuries on their person. It is further contended by him that in course of investigation almost all the witnesses have stated that there was free fight between the parties and unfortunately, the deceased died on account of injury sustained by him in the above stated free fight. On the other hand, learned counsel for the informant Patna High Court Cr.Misc. No.32417 of 2012 (3) dt.12-12-2012 vehemently opposed the prayer pointing out this fact that there is specific allegation of giving fatal blow to deceased against the petitioner. So, the petitioner does not deserve the privilege of bail. Annexure-3 series to this petition reveals that father of the petitioner sustained altogether six injuries out of them one injury has been found to be grievous in nature and similarly, petitioner sustained altogether six injuries and out of the aforesaid injuries, one injury has been caused by sharp edge weapon. Therefore, the injuries found on the person of petitioner and his father show that there was a free fight between the parties and in the aforesaid fight, deceased sustained fatal injury and later on, died after three days of the alleged occurrence. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Uchakagaon P.S. Case No. 43 of 2012. SHAHZAD/- (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.