Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48418 of 2012 ====================================================== 1.Raj Kumar Tanti 2. Md. Aslam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Narsing Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 17-12-2012 Heard Mr. Viveka Nand Singh, learned counsel for the petitioner and Mr. Narsing Tanti learned Additional Public Prosecutor appearing for the State. Petitioner is in custody since 26-5-12 in connection with Gogari P.S. Case No. 100 of 2012 registered for the offence punishable under [STATUTE] . and Section 27 of the Arms Act and prays for grant of regular bail. Learned counsel for the petitioner submits that even the F.I.R. is based on suspicion as there is no eye witness to the occurrence. He submits that one of the unnamed co-accused is said to have made confessional statement before the police in which petitioner’s name has also been figured. He submits that there is absolutely no legal evidence collected in course of investigation by the police to connect this petitioner with crime alleged. Patna High Court Cr.Misc. No.48418 of 2012 (2) dt.17-12-2012 2 / 2 2 Be that as it may, as the petitioner is not named in the F.I.R., no specific overt act has been alleged against him, let petitioner Raj Kumar Tanti and Md. Aslam be enlarged on bail on each of them furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Ad hoc Addl. District and Sessions Judge, Ist, Khagaria in Sessions Trial No. 318 of 2012 arising out of Gogari P.S.Case No. `100 of 2012. Naresh/- (Chakradhari Sharan 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.