Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38849 of 2012 ====================================================== Gunendra Kumar Kashyap .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-10-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. The accusation is of causing firearm injury by Aniket Singh and Sonu Jha to Bharat Bhushan Paswan, who succumbed to the injuries. It is alleged against the petitioner that the assailants used the motorcycle of this petitioner. It appears that petitioner was earlier granted anticipatory bail by the learned court below till conclusion of the investigation. In view of the ratio laid down in the case of Bishundeo Sahu Vs. State of Bihar reported in 2011(1) PLJR 731, the Patna High Court Cr.Misc. No.38849 of 2012 (2) dt.17-10-2012 2/2 anticipatory bail application of the petitioner is not maintainable. Let the learned court below consider the regular bail of the petitioner in view of the ratio laid down in the aforesaid case, if the petitioner surrenders before the learned court below within a period of eight weeks from today in connection with Sahayak P.S. Case No. 376 of 2009 pending in the court of learned CJM, Katihar. With the aforesaid observation, this application is disposed of. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. DKS/ (Dinesh Kumar Singh, 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.