Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20491 of 2012 ====================================================== Amarlal Singh, S/O Late Nathuni Singh, Resident Of Village- Dhadhwa, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 06-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under [STATUTE] . Learned counsel for the petitioner submits that the entire allegation is absolutely false and frivolous as the occurrence alleged to have taken place in the evening of 26.07.2011, but the Post-Mortem Report dated 27.07.2011 (12.07 p.m.) showed that the death had occurred in between 24- 36 hours prior to the post mortem of the dead body and the cause of death was due to asphyxia caused by ligature applied around the neck of the deceased and no sign of scuffle or any other injury had been found on the body of the deceased, hence he avers that the entire allegation with regard to the last seen with the deceased in the evening of 26.07.2011 and the murder of the deceased by the accused persons is absolutely frivolous and Patna High Court Cr.Misc. No.20491 of 2012 (2) dt.06-06-2012 2 wrong. Learned counsel for the petitioner states that the deceased must have been killed in some other manner on account of his illicit relationship with a lady of the village in question, but due to old enmity between the parties the petitioner has been roped into present case by the informant. Learned counsel for the petitioner avers that earlier Shankar Yadav (brother of the informant) was killed, which resulted in Sessions Trial No.93 of 1995 in which the petitioner and another were accused and from order sheet dated 26.07.2011 it transpires that no protest petition for stoppage of recording of statement of the accused persons was filed in the said case as had been claimed by the informant in the First Information Report. Learned counsel for the petitioner further submits that other co-accused persons, namely Kishundeo Singh, Basist Chaudhari @ Bashisht Chaudhari and Amar Chaudhari had been enlarged on bail on the basis of common order of a Bench of this Court dated 10.05.2012 passed in Cr.Misc.No.13621 of 2012 and Cr.Misc.No.17282 of 2012 respectively, whereas another co- accused, namely Rameshwar Chaudhary had been enlarged on bail on the order of a Bench of this Court dated 18.05.2012 passed in Cr.Misc.No.18138 of 2012. It is also stated that the Patna High Court Cr.Misc. No.20491 of 2012 (2) dt.06-06-2012 3 petitioner is in custody since 25.12.2011. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner above named be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah in connection with Lauriya P.S. Case No. 126 of 2011. Harish/- (S.N. Hussain, 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.