Case Facts:
Patna High Court Cr.Misc. No.7955 of 2012 (3) dt.06-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7955 of 2012 ====================================================== 1. Mukesh Yadav S/O Shri Binay Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 06-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 24.09.2011 in a case registered under [STATUTE] and 27 of the Arms Act. Petitioner is said to be main shooter but submission on behalf of the petitioner is that according to prosecution case itself, the alleged occurrence took place at 08:00 P.M. and there was no source of identification and moreover, there was previous enmity between the petitioner and informant and furthermore, in counter case, the prosecution party has already been convicted. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that informant as well as some witnesses claimed to have identified the petitioner committing the alleged crime, I am not Patna High Court Cr.Misc. No.7955 of 2012 (3) dt.06-07-2012 inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Malaypur P.S. Case No. 29 of 2011 pending in the court of Chief Judicial Magistrate, Jamui is, hereby, rejected. SHAHZAD/- (Hemant Kumar Srivastava, 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.