Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 36404 of 2012 ====================================================== Ramashray Sharma Son of Late Dasai Sharma of Village- Mok, P.S.- Konch, District- Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3. 18-10-2012 Heard Mr. Ramakant Sharma learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner is an accused in connection with Konch P.S. Case No. 46/04 registered for offence punishable under [STATUTE] , Section 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act. Learned counsel for the petitioner submits that though he was named in the F.I.R. but the only overt act attributed to him is that he was also a member of the mob and is alleged to have fired without causing any injury. Learned counsel submits that the petitioner is more than 60 years of age and was not involved in the case and with an impression that he would not be sent up for trial had earlier not come before the Court. Learned counsel further submits that he is Patna High Court Cr.Misc. No.36404 of 2012 (3) dt.18-10-2012 2 / 2 2 in custody since 22.07.2012. Learned counsel for the petitioner submits that a similarly situated accused namely Sunil Sharma has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 26061 of 2012 dated 08.08.2012. Let the web copy of the order produced by learned counsel for the petitioner be kept on record. Learned A.P.P. for the State opposes the prayer for bail and submits that a person was brutally murdered and the petitioner is also alleged to be a part of the mob having fired and only due to providence nobody was injured. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the petitioner namely, Ramashray Sharma be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 46/04 with the condition that the petitioner shall remain physically present before the Court below on each and every date. In case of failure to attend the Court on two consecutive dates without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Anand Kr. (Ahsanuddin Amanullah, 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.