Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14617 of 2012 ====================================================== Mayank Tiwari S/O Sri Arun Kumar Tiwari Resident Of Village+P.O.- Jandahan, P.S.- Ramgarh, District- Kaimur At Bhabua .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. M. Mauli,Advcoate. For the Opposite Party/s : Mr. Umesh Lal Verma, Additional .P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 06-04-2012 Heard. The petitioner seeks bail in a criminal prosecution originally registered under [STATUTE] as also under [STATUTE] was also added. It is submitted that the petitioner is not named in the F.I.R.vide Annexure-1 as an accused. After the occurrence, the village Choukidar arrived at the place of occurrence and at that time the deceased was still surviving, but he could not disclose the name of the petitioner or any other accused person. Subsequently on suspicion the petitioner was apprehended by the Police and thereafter, his confessional statement was allegedly extracted by the police. It is further submitted that as a matter of fact, there has been no voluntary confession by the petitioner before the police and alleged confession is the result of torture meted out by the police to the petitioner. The petitioner is in judicial custody Patna High Court Cr.Misc. No.14617 of 2012 (2) dt.06-04-2012 2 / 2 2 since 22nd October, 2011. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned F.T.C.-II, Kaimur at Bhabhua in connection with S.T. No. 61 of 2012, arising out of Ramgarh P.S. Case No.92 of 2011 dated 05.08.2011 subject to the conditions that: (A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and, (C ) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. B. Tiwary/Sudha/- (Birendra Prasad Verma, 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.