Case Facts:
Patna High Court Cr.Misc. No.19378 of 2012 (2) dt.30-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19378 of 2012 ====================================================== Binay Kumar, S/O Sri Nunu Lal Singh, R/O Village-Bihat, Ratan Chowk, P.S.-Barauni, Distt-Begusarai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. For the State : Mr. Ram Priya Sharan Singh, A.P.P. For the Informant : Mr. Randhir Kumar, Advocate. Mr. Vijay Kumar No.1, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 30-05-2012 Heard learned counsel for the petitioner, learned counsel for the informant who has suo motu appeared and learned A.P.P. for the State. The petitioner seeks bail in Barauni (F.C.I.) P.S. Case No. 47 of 2012 dated 18.02.2012 registered for offence under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is alleged to be the person who along with two others forcibly took away the brother of the informant (deceased) at gun point on a motorcycle at 8:30 p.m. on 17.02.2012 and thereafter his dead body was recovered on 18.02.2012 in the morning. The Patna High Court Cr.Misc. No.19378 of 2012 (2) dt.30-05-2012 2 F.I.R. was, accordingly, lodged on 18.02.2012 against three named persons including the petitioner. Learned counsel submits that the petitioner has clean antecedent and is a student of B.A. Part-I and has been arrested by the police on 18.02.2012 itself. Learned counsel submits that material has come during investigation that the deceased had called various persons after 8:30 p.m. and in fact there is a categorical finding in the investigation that one Deepak Kumar who runs a shop selling chowmein near the shop of the deceased had talked to him at about 9:00 p.m. on the same day and the deceased had asked him to take care of his shop if the deceased did not return in time. It is thus submitted that from the same, it is clear that the allegation of the deceased having been taken away forcibly at gun point at 8:30 p.m. stands falsified. It is further submitted that if the informant, who is said to have been present in the shop from where the deceased was taken away, then there was no occasion for the deceased to call after half an hour the said Deepak Kumar requesting him to take care of the shop. Learned counsel submits that it is a case based only on surmises and conjectures and due to past enmity as the parties are co-villagers. Learned counsel for the informant submits that the informant has specifically stated that the petitioner was one of the persons who took away the deceased forcibly at gun point and Patna High Court Cr.Misc. No.19378 of 2012 (2) dt.30-05-2012 3 thereafter the next morning the dead body was found, making it obvious that the petitioner was involved in the killing. It is further submitted that other persons have also supported the prosecution story. Learned A.P.P. for the State has also opposed the prayer for bail stating that the petitioner was one of the persons who has been identified to have taken the deceased forcibly at gun point after which his dead body has been recovered. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to 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, Begusarai in Barauni (F.C.I.) P.S. Case No. 47 of 2012. This application, accordingly, stands disposed off. Md. Ibrarul/- (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.