Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19684 of 2012 ====================================================== 1. Santosh Kumar S/O Inderdev Prasad Resident Of Village Narayanpur, P.S. Rajepur, District East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bal Govind Sharma, Advocate For the Opposite Party/s : Mr. Hirday Prasad Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 23-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused in Rajepur P.S. Case No. 144 of 2010 for the offence punishable under [STATUTE] , section 27 of the Arms and section 17 of the C.L.A. Act. It is submitted that there is no specific allegation of overt act against the petitioner. In fact, the petitioner and some other co-accused persons chased one Arun Prasad who was later on, killed in the house of one Sah Mohammad but admittedly, none has seen as to who had killed Arun Prasad. It is further submitted that in the similar facts and circumstances of the case co-accused Vijay Kumar has been granted bail by a Bench of this Patna High Court Cr.Misc. No.19684 of 2012 (2) dt.23-05-2012 2/2 Court vide Cr. Misc. No. 8581 of 2012. Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing his prayer for bail. Considering the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari (East Champaran) in connection with Rajepur P.S. Case No. 144 of 2010 with the following conditions: 1. One of the bailors will be the close relative of the petitioner. 2. The petitioner will not indulge in similar or in any other offence. 3. The petitioner will be well represented in the court. 4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody. RPS/- (Amaresh Kumar Lal, 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.