Case Facts:
Patna High Court Cr.Misc. No.11647 of 2012 (5) dt.20-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11647 of 2012 ====================================================== 1. Nawal Kunwar S/O Shivdani Kunwar .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 20-06-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 17.11.2011 in a case registered under [STATUTE] as well as 27 of the Arms Act. Admittedly, the alleged occurrence took place on 09.07.2008 whereas the Ferdbeyan of the informant was recorded on 11.07.2008 and furthermore, it is an admitted position that the informant is not an eye-witness of the alleged occurrence rather he stated in his Ferdbeyan that deceased had disclosed the name of assailants in presence of his father as well as other villagers. Learned counsel for the petitioner drew my attention towards Para-3 of the case diary and submitted that the seizure list was prepared on 09.07.2008 in presence of witnesses Ram Ratan Singh and Shiv Kumar Singh and out of the aforesaid two Patna High Court Cr.Misc. No.11647 of 2012 (5) dt.20-06-2012 witnesses, witness, Shiv Kumar Singh happens to be father of the deceased. It is contended on behalf of the petitioner that when the witness, Shiv Kumar Singh was present at the time of preparation of seizure list, why did he not disclose the name of the assailants of the deceased and, therefore, the aforesaid circumstance clearly shows this fact that none had seen the actual killing of the deceased. It is further contended by him that having similar allegation, co-accused Shiv Kumar Singh has already been granted privilege of bail by another Bench of this Court vide order dated 19.10.2011 passed in Cr. Misc. No. 15931 of 2011 though the aforesaid co-accused has been released on bail after considering his period of detention in jail custody. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Sanjiv Kumar, Judicial Magistrate, 1st Class, Begusarai in connection with Begusarai Muffasil P.S. Case No. 186 of 2008. 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.