Case Facts:
Patna High Court Cr.Misc. No.10434 of 2012 (3) dt.16-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10434 of 2012 ====================================================== Shri Niwas Pandey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.6782 of 2012 ====================================================== Rajesh Kumar Pandey .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 16.04.2012 Both the above stated petitions arise out of Ara Nawada P.S. Case no. 395/2011 registered under [STATUTE] , 27 of the Arms Act and, accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are named in the first information report with allegation that they along with other accused made indiscriminate firings causing death of the deceased. The contention of learned counsel for the petitioners is that in course of investigation statement of one Rita Devi @ Kusum Devi was recorded by the Investigating officer and the aforesaid Rita Devi @ Kusum Devi stated before the Investigating officer that just prior to the alleged occurrence, deceased had left her home and after that the alleged occurrence took place in a lane. She further stated in her Patna High Court Cr.Misc. No.10434 of 2012 (3) dt.16-04-2012 statement that having got the aforesaid information she reached on the place of the occurrence and after that deceased was taken to hospital. It is further contended by learned counsel for the petitioners that the aforesaid witness has nowhere stated presence of the informant on the place of the occurrence and, as a matter of fact, informant is not an eye witness of the alleged occurrence because the Investigating officer has also not stated about presence of the informant when the Investigating officer reached near the place of the occurrence. Admittedly, altogether four persons are named in the first information report and four injures have been found on the person of the deceased but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Shri Niwas Pandey and Rajesh Kumar Pandey, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara in Ara Nawada P.S. Case no. 395/2011. Shahid (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.