Case Facts:
Patna High Court Cr.Misc. No.41650 of 2012 (4) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41650 of 2012 ====================================================== Baban Das @ Baban Kumar Das @ Baban Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 14.12.2012 Learned counsel for the petitioner is permitted to make necessary correction in para 1 as well as prayer portion of the petition within the course of the day. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 29.5.2012 in a case registered under [STATUTE] and 27 of the Arms Act. It would appear that on the same day, three cases i.e. the present case bearing Bakhtiyarpur P.S. Case no. 128/2012, Bakhtiyarpur P.S. Case no. 127/2012 and Bakhtiyarpur P.S. Case no. 129/2012 were registered. In the present case i.e.Bakhtiyarpur P.S. Case no. 128/2012, the petitioner and some others were made accused on the allegation that they brutally assaulted the husband of the informant. In Bakhtiyarpur P.S. Case no. 127/2012, it is stated that the deceased of Bakhtiyarpur P.S. Case no. 128/2012 as well as several other persons committed murder of one Ram Pukar Das who has been made accused in the present case and who happens to be uncle of the petitioner. Furthermore, Bakhtiyarpur P.S. Case no. 129/2012 was registered against the petitioner when ASI of Bakhtiyarpur Police station, having Patna High Court Cr.Misc. No.41650 of 2012 (4) dt.14-12-2012 got information regarding firing and murder, came to the P.O. village and arrested the petitioner with fire arm and also found the dead body of Ram Pukar Das whereas the deceased of Bakhtiyarpur P.S. Case no. 128/2012 in injured condition. Learned counsel appearing for the petitioner submits that, as a matter of fact, the deceased of the present case and several other persons committed murder of Ram Pukar Das on the alleged date of occurrence and while they were fleeing, the deceased of the present case was caught by the villagers and he was brutally assaulted by the villagers as a result of which he sustained injuries and died later on. It is further contended by him that so far as the petitioner is concerned, general allegation of assault has been levelled against him and it is stated that he made firings to terrorize the informant and others but no fire arm injury was found on the person of the deceased. It is further contended by him that in Bakhtiyarpur P.S. Case no. 129/2012 the petitioner has already been granted bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that no specific overt-act has been attributed against the petitioner, let the petitioner, Baban Das @ Baban Kumar Das @ Baban Kumar, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Ashutosh Kumar, Judicial Magistrate, Ist Class, Saharsa in Bakhtiyarpur P.S. Case no. 128/2012. Shahid (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.