Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36578 of 2012 ====================================================== Mutur Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 19-09-2012 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is in custody since 16.11.2011 in connection with Rupaspur P.S.Case No. 167 of 2011/GR No. 2539 of 2011 under [STATUTE] and Sections 25(I-b), 26 and 27 of the Arms Act. 3. Allegation against the petitioner is that accidentally the gun in his hand fired and caused death of the informant. 4. Learned counsel for the petitioner submits that on a bare reading of the fardbeyan of the deceased informant it is evident that the gun fired accidentally and there was no intention on the part of the petitioner to fire the gun and cause death. It is further stated that there is no criminal antecedent of the petitioner. 5. Considering the fact that the gun appears to have been fired accidentally, let the petitioner Mutur Prasad be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge VI, Danapur in Sessions Trial No. 394/12 on the following conditions - Patna High Court Cr.Misc. No.36578 of 2012 (2) dt.19-09-2012 2 (i) That the petitioner will not indulge himself in any similar other offence. (ii) One of the bailors must be the close relative of the petitioner. (iii) The petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled by the Court concerned. Chandran (Vikash Jain, J)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.