Case Facts:
Patna High Court Cr.Misc. No.46293 of 2012 (2) dt.29-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46293 of 2012 ====================================================== Awadhesh Kushwaha, son of Sri Shankar Kushwaha, resident of Village- Hafijpur, P.S. Baniyapur, District- Saran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Ravi Bhushan Pd. Sinha, Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 29-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Baniyapur P. S. Case No. 74 of 2011 registered under [STATUTE] . It is alleged that informant’s son was done to death by dagger. The motive of the occurrence is that deceased used to protest of love affairs of Om Prakash Thakur and daughter of the informant. Learned counsel for the petitioner submits that, though, name of the petitioner does not find place in first part of the statement of the informant and it is alleged that five persons took the victim which does not include in second part of the statement of the informant. It is further submitted that having similar allegation co-accused have been granted bail in Cr. Misc. No. Patna High Court Cr.Misc. No.46293 of 2012 (2) dt.29-11-2012 42362 of 2011, Cr. Misc. no. 36285 of 2011 and 22394 of 2012 and the case of the petitioner is better footing. Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Baniyapur P.S. Case No. 74 of 2011. m.p. (Gopal Prasad, 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.