Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25130 of 2012 ====================================================== Biren Yadav @ Birendra Yadav @ Birendra Kumar, Son of Late Gaya Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 24-08-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is one of the named accused in this case of assault resulting into death of informant’s son, who made his oral dying declaration before the informant stating about the petitioner. Submission is of false implication and the injuries appearing from postmortem report indicates that it was not possible for him to make any statement, but having regard to the statements of informant and other two family members in whose presence such oral dying declaration is said to have been made in the case diary containing report prepared by the police officials, who first meet with the deceased while he was in injured state and injury no. 4 indicates “PUREY BADAN MAI DARD KI SIKAYAT”, for the present, prayer for regular bail of the above named petitioner, in connection with Madhepura P.S. Case No. 154/2011 / Sessions Trial No. 15/2012, pending in the court of Patna High Court Cr.Misc. No.25130 of 2012 (3) dt.24-08-2012 2 learned Additional Sessions Judge, F.T.C. – V, Madhepura, is hereby, refused. Simultaneously, courts below are directed to proceed expeditiously with the trial and avoid undue delay and adjournments. Praveen-II/- (Akhilesh Chandra, 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.