Case Facts:
Patna High Court Cr.Misc. No.32895 of 2012 (3) dt.03-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32895 of 2012 ====================================================== Naresh Paswan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 03.12.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 3.5.2012 in a case registered under [STATUTE] . Petitioner is named in the first information report and it is stated that he along with other FIR named accused persons as well as one unknown person entered into the house of the informant and took mother of the informant towards cattle shed and committed her murder by pressing her neck. The contention on behalf of the petitioner is that no specific overt-act has been attributed against the petitioner and, as a matter of fact, the petitioner has been roped in this case on account of previous enmity which is admitted in the first information report itself. It is further contended by him that none has seen the actual killing of the deceased and that is why when police reached at the place of the occurrence, none disclosed the name of the petitioner and others which is evident from perusal of para 3 to the case diary and after that statement of the informant was recorded and she roped the petitioner in the alleged crime. It is further contended by him that except the informant not a single prosecution witness has claimed to have seen Patna High Court Cr.Misc. No.32895 of 2012 (3) dt.03-12-2012 the petitioner committing the alleged crime. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Naresh Paswan, 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, Madhubani in Jainagar P.S. Case no. 72/2012. Shahid (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.