Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22006 of 2012 ====================================================== Parmeshwar Sah S/O Kalar Sah Resident Of Village - Bharouli, P.S. Saharsa (Sonbarsa Katchahari) District - Saharsa .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 14-06-2012 Heard learned counsel for the petitioner as well as learned A.P.P. for the State. First of all Pankaj Singh and Radharaman Singh had indulged in scuffle with Mushahru Thakaur on 19.3.2011 at 12.00 hours. Subsequently thereof after hearing cry of his cousin brother Mantun Yadav, the informant along with his brother Shiv Kumar Yadav rushed to the spot where found Parmeshwar Sah, Bijo Sah, Sitaram Sah, Khattar Sah, Babua Sah, Pappu Sah and Sanjay Sah indulged in assaulting Mantun Yadav by fist and slaps. On their protest, all the above named accused began to assault both of them with lathi and during course thereof his brother Shiv Kumar Yadav sustained injury over his head later on Shiv Kumar Yadav died. Patna High Court Cr.Misc. No.22006 of 2012 (2) dt.14-06-2012 2/2 Contention on behalf of the petitioner is that neither there was intention nor knowledge apart from the fact that there happens to be omnibus allegation against the petitioner. Then submitted that whatever occurrence as alleged, that happens to be outcome of spur of moment which did not justify application of [STATUTE] . Moreover, other co-accused stood enlarged on bail vide Cr. Misc. No. 40442 of 2011. At the other hand, learned A.P.P. opposed the prayer and submitted that all the accused have come jointly assaulted the deceased, informant and so they are equally liable for the same. In the aforesaid facts and circumstances of the case, petitioner, Parmeshwar Sah is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Manjhi, Judicial Magistrate, 1st Class, Saharsa in connection with Sadar (Saharsa) P.S. Case No. 119 of 2011. RPS/- (Aditya Kumar Trivedi, 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.