Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10407 of 2012 ====================================================== 1. Udai Sharma S/O Mahendra Mistry Resident Of Village- Kathari, P.S- Kutumba, District- Aurangabad. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Singh,& Mr. Rana Pratap Singh, Advocates For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-03-2012 Heard. In a criminal prosecution registered under [STATUTE] , the petitioner is not named in the F.I.R (Annexure-1) as an accused. It is submitted that during the course of the investigation some suspicions were raised against four accused persons, including the petitioner, showing their involvement in the present case. It is highlighted that other three co-accused, namely, Mahenddra Mistri, co-accused Jag Mohan Sharma and co-accused Madan Sharma, with almost identical and similar allegations, have been granted bail by different Benches of this Court by orders dated 6.4.2011 (Annexure-2), 16.3.2011 (Annexure-2/A) and 15.2.2012 (Annexure- 2/B) respectively. It is further submitted that there is no direct evidence to connect the petitioner with the crime in question and the entire prosecution case is based on suspicion and surmises. The petitioner is said to be in judicial custody since 30.11.2011. Be that as it may, in the facts and circumstances of the case, the Patna High Court Cr.Misc. No.10407 of 2012 (2) dt.07-03-2012 2/2 above named petitioner is directed to be released on bail in connection with Jamhor P.S. Case No. 49 of 2010 on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to the conditions that:- (a) That one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( c) The petitioner shall make regular pairvi, in the court below in the present case either by appearing himself in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. RPS/- (Birendra Prasad Verma, 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.