Case Facts:
Patna High Court Cr.Misc. No.32387 of 2011 (3) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32387 of 2011 ====================================================== Mukeshwar Yadav, S/o Late Chandrika Yadav, resident of Village- Devachak, P.S. Malaypur, District- Jamui. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 02-04-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Mallehpur P.S. Case No. 29 of 2011 G.R. Case No. 857 of 2011 registered under [STATUTE] . There is direct allegation petitioner fired upon Sonu Kumar Mandal causing injury to the deceased. Only allegation against the petitioner is that petitioner has criminal antecedent and the petitioner used to come to the house of the deceased. Learned counsel for the petitioner submits that petitioner is innocent and falsely been implicated in this case at the instance Sanjay Mandal due to political rivalry between Sumitra Devi, the mother of the petitioner and Sanjay Mandal who were candidate to the post of Mukhiya and Sumitra Devi won the election due to that petitioner has falsely been implicated in this case. Learned counsel for the State could not opined that what Patna High Court Cr.Misc. No.32387 of 2011 (3) dt.02-04-2012 role assigned by the petitioner and what is nexus of the petitioner in the crime. Under the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from today shall 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 Juedicial Magistrate, Jamui, in connection with Mallehpur P.S.Case No. 29 of 2011, subject to condition as laid down under Section 438 (2) of Cr.P.C. with a further condition that petitioner shall cooperate with the police during investigation and produce himself as and when required by the police. However, when the charge sheet submitted then any incriminating material found against the petitioner then petitioner shall surrender and prayed for regular bail. m.p. (Gopal Prasad, 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.