Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 19765 of 2012 ====================================================== Binay Kumar @ Binay Kumar Singh S/o Nawal Kishore Singh R/o Village - Chhitnawa, P.S. Maner, Distt. – Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 20.06.2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offences under [STATUTE] and Section 27 of the Arms Act. The Petitioner was refused bail on two earlier occasions since there was an allegation against him of having fired at the deceased along with other co-accused persons. The prayer for bail has been renewed on the ground that the three witnesses named in the First Information Report have been examined as P.Ws. 1, 2 and 3 but none of them have supported the case of the prosecution. Now, the informant has been examined as P.W. 10 and stated he had disclosed the names of accused persons on account of village politics. Considering the same, let the Petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional District & Sessions Judge, F.T.C-III, Patna in connection with S.Tr. No. 1129/2009 arising out of Patna High Court Cr.Misc. No.19765 of 2012 (2) dt.20-06-2012 2 Maner P.S. Case No. 11 of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. Vikash/- (Anjana Prakash, 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.