Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35891 of 2012 ====================================================== Sonu Kumar @ Sonu Paswan, Son of Shyam Paswan. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Naresh Kumar Mehta, Advocate. For the State : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 23-11-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] and 27 of the Arms Act. In this case, instituted against seven persons with allegation of shooting dead informant’s wife, petitioner’s name emerged during investigation as son of the informant and deceased, who said to have made an attempt to go with fire arm to take his some enemies at task, but the deceased intervened during that course and accidentally the pistol was fired resulting into fatal injury upon petitioner’s mother. Submission is of false implication just in order to save the skin of main culprits, who are named with specific role allegedly played. Moreover, the police after concluding in the investigation submitted charge- sheet under [STATUTE] . Further, petitioner also carries no criminal antecedent. If it is so, having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on Patna High Court Cr.Misc. No.35891 of 2012 (3) dt.23-11-2012 2 furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Dalsinghsarai P.S. Case No. 136 of 2011, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.