Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19604 of 2012 ====================================================== Azad @ Md. Azad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 27-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that FIR named accused persons killed the husband of the informant by causing firearm injury. In the FIR the petitioner was not named when there was specific accusation against the FIR named accused persons. The name of the petitioner subsequently sprang up in para 26 of the case diary where the family member stated that this petitioner has gave threatening prior to the occurrence. It is submitted by learned counsel for the petitioner that if the petitioner was known to the Patna High Court Cr.Misc. No.19604 of 2012 (3) dt.27-07-2012 2/3 informant and had given threatening earlier then there was no occasion for the informant to not the name the petitioner in the FIR and to name in the subsequent statement. It is further submitted that all the witnesses, who have named this petitioner, are hearsay witnesses and this fact has not been controverted by the learned APP. A statement has been made in 10 that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Khajekalan P.S. Case No. 110 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner will be accepted on filing affidavit that he will co-operate in the investigation if the investigation is not concluded and the Patna High Court Cr.Misc. No.19604 of 2012 (3) dt.27-07-2012 3/3 said affidavit will be transmitted to the concerned I.O. by the learned court below. The non-cooperation in the investigation will give liberty to the prosecution to file application for cancellation of the bail of the petitioner. DKS/ (Dinesh Kumar Singh, 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.