Case Facts:
Patna High Court Cr.Misc. No.28371 of 2012 (2) dt.06-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28371 of 2012 ====================================================== 1. Atul Singh S/O Late Raj Kishore Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 06-08-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 16.03.2012 in a case registered under [STATUTE] , 27 of the Arms Act and ¾ of Explosive Substance Act. Petitioner is named in the first information report but according to prosecution case itself, co-accused, Satendra Pandey and Lalit Kuwar are assailants and so far as petitioner is concerned, it is stated that he along with other accused opened fire but admittedly, the firing of the petitioner did not hit the deceased. Learned counsel for the petitioner submits that deceased sustained only one firearm injury, so, at best, petitioner can be said to be a member of unlawful assembly. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on Patna High Court Cr.Misc. No.28371 of 2012 (2) dt.06-08-2012 bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Baniyapur P.S. Case No. 33 of 2012. SHAHZAD/- (Hemant Kumar Srivastava, 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.