Case Facts:
Patna High Court Cr.Misc. No.1802 of 2012 (3) dt.02-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1802 of 2012 ====================================================== 1. Kumod Kumar @ Kumod Thakur S/O Bisheshwar Thakur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 02-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 23.05.2011 in a case registered under [STATUTE] and 27 of the Arms Act. No doubt, the informant has not seen the actual killing of the deceased but the informant very specifically stated that while the deceased was being taken to hospital, deceased disclosed the name of the petitioner as assailant. Learned counsel for the petitioner drew my attention towards the post-mortem report of the deceased and submitted that the injuries found on the person of the deceased suggest that deceased would have died on the spot instantaneously. So, the aforesaid statement of the informant becomes doubtful. Considering the aforesaid facts and circumstances as Patna High Court Cr.Misc. No.1802 of 2012 (3) dt.02-07-2012 well as submissions of the parties, particularly, keeping in mind the nature of allegation as well as criminal antecedent of the petitioner, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sakra P.S. Case No. 213 of 2006 pending in the court of Smt. Ranjula Bharti, Judicial Magistrate, 1st Class, Muzaffarpur is, hereby, rejected. However, Smt. Ranjula Bharti, Judicial Magistrate, 1st Class, Muzaffarpur is directed to commit the case of the petitioner to the court of Sessions in accordance with law within three weeks from the date of receipt of this order, if the same has not been committed as yet and after commitment, the learned trial court shall expedite the trial of the petitioner. SHAHZAD/- (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.