Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44435 of 2011 ====================================================== Uttam Kumar Son of Late Mannu Das Resident of Mohalla- Chhata Tal, Mogalpura, P.S.- Khajekalan, Dist.- Patna .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rudra Deo, Adv. Mr.Sanjay Kumar, Adv. For the Opposite Party : Mr. Tarun Prasad, Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 23-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Khajekalan P.S. Case No. 72 of 2011 for the offences punishable under [STATUTE] . Learned counsel for the petitioner submits that except the allegation that the deceased was last seen accompanying the accused named in the F.I.R including the petitioner, there is no other material connecting him with the alleged occurrence. He submits that the petitioner has a clean antecedent. He further submits that the deceased was involved in not less than nine cases and had been released on bail recently. Regard being had to the submissions of learned counsel, let the petitioner namely, Uttam Kumar be released on bail on furnishing bail bond Patna High Court Cr.Misc. No.44435 of 2011 (3) dt.23-02-2012 2 / 2 2 of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna in connection with Khajekalan P.S. Case No.72 of 2011 subject to the following conditions;- (a) That the petitioner shall accept the police papers on the given date and shall also be present on the date fixed for charge and if he fails to do so on two consecutive dates fixed for such purpose, the bail bond of the petitioner shall be liable to be cancelled. (b) The petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bond of the petitioner and to take him into custody. Bibhash (Jyoti Saran, 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.