Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18981 of 2012 ====================================================== 1. Sanjay Rai S/O Shyam Bahadur Rai Resident Of Village- Lakharaw, P.S.- Siwan Moffasil, District- Siwan .... .... Petitioner Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 28-05-2012. Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in Siwan (Mufassil) P.S. Case No. 418 of 2011 dated 18.11.2011 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that though the allegation is of murder against the petitioner, but the F.I.R was lodged against unknown, and the only allegation, on the basis of which this petitioner has been implicated, is that the mobile recovered from him belongs to the deceased. It is submitted that during the investigation it has come that the petitioner had married the niece of one of the owners of the school due to which they have implicated the petitioner. It is Patna High Court Cr.Misc. No.18981 of 2012 (2) dt.28-05-2012 2 submitted that the deceased was getting the school of the informant constructed. It is further submitted that in the F.I.R it is stated that the informant could recognize the person since he had seen the face in the headlight of the vehicle. The F.I.R also states that he had informed the Choukidar with regard to the incident and they also searched for him but could not find any trace. Learned counsel submits that the petitioner was well known to the informant since he was a driver in the school for a long period and he had married the niece of one of the owners of the school due to which he was removed from job. It is thus submitted that the informant could have named the petitioner as they were known to each other. Learned counsel submitted that he is in custody since 8.12.2011. Learned APP for the State submits that from the petitioner a stolen mobile has been recovered which belongs to the informant and thus there is complicity of the petitioner in the crime. Learned counsel for the petitioner, by way of reply submits that there has been no Test Identification Parade nor anything has come with regard to the fact that the mobile belongs to the deceased. It is submitted that the petitioner has clean antecedent. Patna High Court Cr.Misc. No.18981 of 2012 (2) dt.28-05-2012 3 Considering the facts and circumstances of the case, let the petitioner, named above, be released on bail upon 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, Siwan, in connection with Siwan (Mufassil) P.S. Case No. 418 of 2011. ahk/- (Ahsanuddin Amanullah, 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.