Case Facts:
Patna High Court Cr.Misc. No.44087 of 2012 (2) dt.11-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44087 of 2012 ====================================================== 1. Rahul Kumar @ Chunni son of Raju Sharma 2. Rajnish Ram @ Gautam, son of Ashok Kumar Priyadarshi .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. N.K. Agrawal For the State : Mr. Nand Kumar, A.P.P. For the Informant : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 11-12-2012 Heard learned Senior Counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioners seek regular bail in connection with Phulwarisharif P.S. Case No. 335 of 2012 registered for the offences punishable under [STATUTE] and Section 27 of the Arms Act. As per the prosecution story, the informant who is the father of the deceased received information on 02.09.2012 that his son was shot at and was being carried to hospital. When he reached to the spot, few persons present at the place of occurrence disclosed that one Manik Kumar shot fire with his double barrel gun causing injury to the informant’s son who was declared brought dead by the doctors of P.M.C.H., Patna. Patna High Court Cr.Misc. No.44087 of 2012 (2) dt.11-12-2012 So far as these petitioners are concerned, they are not named in the First Information Report. From the order of learned Additional Sessions Judge-14, Patna dated 28.09.2012 whereby the application for bail of these petitioners was rejected, it appears that in course of investigation the Police found these petitioners to be conspirators. Learned Senior Counsel appearing on behalf of the petitioners, however, submits that there is no material even to suggest that the petitioners conspired which resulted into the occurrence. He submits that evidently there is no allegation of any overt act on the part of these petitioners. In view of the above, let the petitioners Rahul Kumar and Rajnish Ram be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Phulwarisharif P. S. Case No. 335 of 2012. Saif/- (Chakradhari Sharan 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.