Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.716 of 2011 ====================================================== Gopi Yadav, son of Sri Gulabi Yadav, resident of village-Fatehpur, P.S.- Wazirganj, District-Gaya. .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 04-12-2012 I.A. No. 1288 of 2012 The appellant has renewed his prayer for bail in the present interlocutory application. His prayer for bail was rejected earlier by this Court by order dated 2.8.2011. It is contended that, admittedly, it is a case in which due to un-intentional firing made by the appellant on the occasion of marriage ceremony, a person received gun shot injury and died. The appellant has been convicted under [STATUTE] and Section 27 of the Arms Act. It has further been contended that by now the appellant has remained in custody for about two years. Neither the investigating officer nor the doctor has been examined in course of trial. Be that as it may, considering the nature of allegation, facts and circumstances of the case, during pendency of the Patna High Court CR. APP (SJ) No.716 of 2011 (5) dt.04-12-2012 2 / 2 2 appeal, the appellant is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, F.T.C.-I, Gaya in S.Tr. No. 178 of 2010/16 of 1999 arising out of Wazirganj P.S. Case No. 82 of 1998. I.A. No. 1288 of 2012 stand disposed of. Sanjeet/- (Ashwani Kumar Singh, 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.