Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18311 of 2012 ====================================================== Ram Gulam Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 15-05-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under [STATUTE] . It is alleged in the FIR that one Dayanand Mahto took the informant’s son Pankaj for repairing of the motorcycle and subsequently the cousin brother of the informant informed that the informant’s son is tied at the door of Surendra Mahto and is being assaulted, who died subsequently during course of treatment. It is submitted by learned counsel for the petitioner that a case, being Sarairanjan P.S. Case No. 85 of 2011, was lodged by Dayanand wherein the deceased was made an accused with the accusation that he entered into the house of Dayanand to commit theft who was subsequently assaulted by the villagers. It is further submitted that admittedly, as per the FIR, neither the informant nor his cousin brother is the eye-witness to Patna High Court Cr.Misc. No.18311 of 2012 (2) dt.15-05-2012 2/2 the occurrence and during the whole investigation no witness has come forward to claim to have seen the occurrence and the investigation is pending against the petitioner. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Sarairanjan P.S. Case No. 86 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted by learned court below on filing affidavit by the petitioner that he will regularly co-operate in the investigation, the said affidavit will be transmitted to the I.O., concerned by learned court below. Amrendra/- (Dinesh Kumar 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.