Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31818 of 2011 ====================================================== Nishant Kumar @ Manoranjan, son of Shatrudhan Singh R/O village-Sarsar, P.S.Siwan, (Mufassil), District-Siwan. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ============================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh,Advocate For the Opposite Party/s : Mr. S.K.Pandey,APP ============================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 5 31-01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Mirganj P.S.Case No.211 of 2010 for offence punishable under [STATUTE] and Section 27 of the Arms Act. The first information report was against unknown and the name of the petitioner and another has transpired during the course of investigation. Learned counsel for the petitioner, with reference to the statement made by the brother of the petitioner who Patna High Court Cr.Misc. No.31818 of 2011 (5) dt.31-01-2012 2 also is an accused in the present case and which led to the involvement of the present petitioner, submits that even the said confessional statement has shown the death at the hands of the co-accused Bhagwan Singh. It is further submitted that on the statement made by co-accused Prashant Kumar, the robbed amount was recovered. It is submitted that except the aforesaid circumstance, there is no other circumstance connecting the petitioner with the death of the husband of the informant and that the petitioner having a clean antecedent, has been in custody since 28.12.2010. Having considered the submissions of learned counsel for the petitioner and having perused the materials on record, let the petitioner Nishant Kumar alias Manoranjan 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, Gopalganj in connection with Mirganj P.S.Case No.211 of 2010, subject to the following conditions: (a) that the father of this petitioner shall stand as one of the bailors and who would be under a duty to Patna High Court Cr.Misc. No.31818 of 2011 (5) dt.31-01-2012 3 inform the court below in case this petitioner after his release in the present case is found involved in any further case of similar nature and whereupon the court concerned shall be at liberty to cancel his bail bonds and to take him into custody, (b) that the petitioner shall ensure his representation on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. ahk/- (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.