Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45125 of 2012 ====================================================== Mukesh Yadav, S/o late Thakur Yadav, resident of village-Fatuchhapar, P.S. Bairiya, District-West Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 21-11-2012 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Sessions Trial No. 296 of 2010 arising from Bairiya P.S. Case No. 62 of 2006 for offence punishable under [STATUTE] and 27 of the Arms Act. Allegation as set out in the F.I.R. charges the petitioner of firing at the father of the informant alongwith other accused. Learned counsel for the petitioner with reference to the deposition of the witnesses submits that none of the witnesses has named this petitioner of having fired at the deceased including the informant who has also been examined during the course of the trial and who has named Sanjay Yadav and Nagendra Yadav. The deposition of the informant is Annexure-4 and in which whereas he charges accused Sanjay Yadav of twice firing at the deceased, Patna High Court Cr.Misc. No.45125 of 2012 (2) dt.21-11-2012 2 the third injury is attributed to Nagendra Yadav. He thus submits that in view of the said circumstances the prayer of the petitioner requires consideration. Having heard learned counsel for the parties and in view of the statement recorded during the course of trial, let the petitioner Mukesh Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-1st, Bettiah, West Champaran in connection with Sessions Trial No. 296 of 2010 arising from Bairiya P.S. Case No. 62 of 2006 subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial court would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. S.Sb/- (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.