Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17392 of 2012 ====================================================== Kishore Kumar Mandal, son of Late Bhagat Lal Mandal, resident of Andolitola, Laxmipur, P.S.-Kishanpur, District-Supaul. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 27-04-2012 A supplementary affidavit has been filed in the court, let it be kept on record. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. It is stated that the petitioner was made accused in a case under [STATUTE] merely on wild suspicion and hypothetical presumption. Initially, after investigation of the F.I.R., the police on conclusion of investigation submitted final report against the petitioner. However, subsequently, the case was further investigated in terms of Section 173(8) of the Code of Criminal Procedure and some witnesses who had earlier made statement under Section 161 Cr. P.C. were examined under Section 164 Cr. P.C. and they materially changed their version and implicated the petitioner in the present case. It has further been submitted that the petitioner has got no criminal antecedent and is serving in Indian Army. Be that as it may, considering the nature of allegation, facts and circumstances of the case, the petitioner is directed to be released on Patna High Court Cr.Misc. No.17392 of 2012 (2) dt.27-04-2012 2 / 2 2 / 2 2 bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 92 of 2001 on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioner violate any of the conditions imposed by this Court. Sanjeet/- (Ashwani 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.