Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22089 of 2011 Diwakar Jha Versus The State Of Bihar 5 4.1.2012 The prayer for bail of the petitioner, who is an accused in a case under [STATUTE] and under section 27 of the Arms Act, was earlier rejected by this court by order dated 8.7.2010 passed in Cr. Misc. No.11636 of 2010 with an observation that if the trial is not concluded within a period of nine months, the petitioner may renew his prayer for bail. Counsel for the petitioner submits that about 1 1/2 years have elapsed since the date of last refusal of bail by this court and still the trial has not yet concluded. The petitioner submits that in any view of the matter he cannot be termed as an assailant. It appears that the informant alleged that on 19.6.2009 at about 10.15 A.M. some unknown miscreants gunned down his father Deo Narayan Mishra @ Debu Mishra, while he was on way to the Civil Courts. It is further alleged that his deceased father was Addl. P.P. and was engaged in several cases against many criminals. In course of investigation it transpired that two miscreants riding on a motor cycle have committed the murder of his father by firing at him. The petitioner submits that it would appear from perusal of paragraph 34 of the case diary that the petitioner was driving the motor cycle, while one Vijay Rathore was sitting behind him as pillion rider and as such it would be improbable that he could have opened fire. The petitioner has remained in custody since 2 25.6.2009. It appears from the report of the trial court that out of seven witnesses, only two witnesses including the informant has been examined. Taking into consideration and nature of allegation as well as period of incarceration, I direct the petitioner Diwakar Jha to be released on bail in connection with S.T. No.282 of 2010 arising out of Araria P.S. Case No.263 of 2009 (G.R.No.1085/09) on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge, F.T.C. No.VI, Araria subject to the conditions that he would not physically absent himself in the court below for two consecutive dates till all the non-official witnesses are examined in trial. KHAN (S.P. 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.