Case Facts:
Patna High Court Cr.Misc. No.20743 of 2012 (3) dt.03-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20743 of 2012 ====================================================== 1. Chandradeo Rai S/O Late Shitab Rai Resident Of Village- Nawanagar, P.S.- Bidupur, District- Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER 3 03-10-2012 Heard learned counsel for the petitioner and State. The petitioner renews his prayer for bail in a police case under [STATUTE] contending custody since 18.05.2011. Learned counsel for the petitioner submits that as per allegations he along with his son Raju Kumar and Shyam Babu Rai called the deceased to his house. The deceased was then assaulted. The assault with a sword is attributed to Shyam Babu Rai. The witnesses have generally spoken of an assault by the petitioner and his son with a scythe on the leg. There was no intention to kill by the petitioner when he made an assault on the left foot and it is not specific whether this assault was by the petitioner or his son Raju. Counsel for the State from paragraphs- 15, 19, 20 and 21 of the case diary submits from the statement of Patna High Court Cr.Misc. No.20743 of 2012 (3) dt.03-10-2012 independent witnesses that the petitioner and his son are alleged to have held the deceased when Shyam Baby Rai assaulted with a sword, the petitioner and his son then assaulted on the left foot of the deceased. In the nature of the assault, three persons accosted the deceased at the door of the petitioner after calling him on some pretext followed by the assault, holding the deceased, attacking with sharp cutting weapons, if the submissions were to be accepted, both the petitioner and his son must be granted regular bail because it could not be said with certainty which one of the two committed the assault notwithstanding that they are stated to have assaulted on the left foot and the Post Mortem contains bone deep injury on the left foot. The manner in which the assault has been committed also does not persuade the Court to hold that there was no intention to kill and the blame must rest entirely alone with Shyam Babu Rai. These observations have necessarily to be confined for the purposes of bail only and shall have no bearing on the trial. The application is rejected. Md. Ibrarul/- (Navin Sinha, 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.