Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17518 of 2012 ====================================================== Ram Nandan Sao, son of Late Tilak Sao, resident of village-Barem, P.S.- Nabinagar, District-Aurangabad. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 27-04-2012 Heard Sri Satpal Singh, learned counsel for the petitioner, Mr. Sanjay Kumar, learned counsel for the State and Mr. Dhirendra Kumar, learned counsel appearing on behalf of the informant. The petitioner seeks bail in a case registered under [STATUTE] and 27 of the Arms Act. It is stated that the alleged occurrence took place at about 8.15 p.m. on 13.10.2011. Immediately telephonic information was given to police, pursuant to which, the police arrived at the place of occurrence. At about 10 p.m. the inquest was prepared. The dead body was found in front of the house of the deceased as per inquest report. The witnesses to the inquest did not name any one. However, subsequently, at about 11 p.m., the fardbeyan of the informant was recorded by police in which, 8 persons including the petitioner apart from 5-7 unknown were made accused. Out of the 8 named accused persons, co-accused Amit Kumar Singh @ Pintu and Ramesh Singh as also unnamed co-accused Neeraj Kumar Singh moved for bail before this Court in Cr. Misc. No. 5795 of 2012, Cr. Misc. No. 6238 of 2012 and Cr. Misc. No.6236 of 2012 Patna High Court Cr.Misc. No.17518 of 2012 (2) dt.27-04-2012 2 / 3 2 respectively. The aforesaid three bail petitions were heard analogous and a Bench of this Court after hearing counsel for the petitioner, State and the informant by a reasoned order granted bail to all of them. Another co- accused Dilip Singh who was also named in the F.I.R. moved for bail before this Court in Cr. Misc. No. 14782 of 2012 which too was allowed by order dated 18.4.2012 after hearing the parties including the informant. It is submitted that the case of the petitioner also stands on identical footing to that of other co-accused persons who have already been granted bail by different orders passed by this Court. Learned counsel for the informant is not in a position to controvert this position. However, he submits that since the offence is heinous, the petitioner does not deserve bail. Be that as it may, considering the reasons assigned in the aforesaid two orders granting bail to the co-accused persons as well as the facts and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 171 of 2011 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior Patna High Court Cr.Misc. No.17518 of 2012 (2) dt.27-04-2012 3 / 3 3 permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioner violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.