Case Facts:
Patna High Court Cr.Misc. No.27102 of 2012 (3) dt.10-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27102 of 2012 ====================================================== Shailendra Yadav @ Bhagat Singh @ Bhagat, son of Laxmi Narayan Singh, resident of Village- Dumari, Police Station- Fatuha, District- Patna. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 10-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Fatuha P.S. Case No. 382 of 2011, registered under [STATUTE] and Section 27 of the Arms Act. There is allegation that Shailendra Yadav armed with pistol and one Kaushalendra Yadav armed with gun and at the instance Laxmi Narayan they fired causing injury to the father and mother of the informant by which the father of the informant succumbed to injury. Learned counsel for the petitioner submits that, though, the informant in his Fardbeyan has stated the names of Shailendra and Kaushalendra, but in his further statement he has not name the Shailendra, but has name Kaushalendra and hence contends that since the name of Shailendra does not find place in his further statement and hence he is not guilty. However, Shailendra has Patna High Court Cr.Misc. No.27102 of 2012 (3) dt.10-09-2012 armed with pistol whereas injury is shown to be pellet injury. It has further been contended that no witnesses are eye witnesses to the occurrence. Learned counsel for the State however contends that in para 4 of the case diary witnesses stated about firing by this petitioner. However, injury report shows is pellet injury and post mortem also suggests that injury is pellet injury. Hence it is alleged that injury caused by the deceased only attributed to Kaushalendra and not against Shailendra. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Jitesh Kumar, Judicial Magistrate, 1st Class, Patna City, in connection with Fatuha P.S. Case No. 382 of 2011. m.p. (Gopal Prasad, 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.