Case Facts:
Patna High Court Cr.Misc. No.29341 of 2011 (4) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29341 of 2011 ====================================================== Pawitra Sahani .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 04/ 01.02.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 13.4.2011 in a case registered under [STATUTE] . Petitioner is named in the first information report but no specific overt-act has been attributed against him and admittedly, informant is not an eye-witness of the alleged killing of the deceased. In course of investigation, statements of some eye- witnesses were recorded which is evident from paras 43 and 44 of the case diary. The aforesaid witnesses stated that alleged occurrence took place in the house of the petitioner but it were co-accused Shambhu Sahani and Suraj Sahani who were assaulting the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Pawitra Sahani, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Nanpur P.S. Case no. 15/2011. Shahid Hassan (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.