Case Facts:
Patna High Court Cr.Misc. No.12479 of 2012 (3) dt.09-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12479 of 2012 ====================================================== 1. Randhir Kumar @ Mukul Sharma S/O Late Deep Narayan Sharma .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 09-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under [STATUTE] and 27 of the Arms Act on the allegation that he opened fire on his mother as a result of which she died then and there. The present case has been lodged on the basis of Ferdbeyan of full brother of the petitioner and full brother of the petitioner claimed himself to be an eye-witness of the alleged occurrence. Learned counsel for the petitioner submits that wife of the informant as well as one first information report named witness, namely, Rajnish Raj have already been examined in course of trial but they have not supported the prosecution story but he fairly conceded that the deposition of the informant has not Patna High Court Cr.Misc. No.12479 of 2012 (3) dt.09-07-2012 been recorded in course of trial as yet though the informant of this case is pairvikar of the petitioner and has sworn affidavit in this petition. Considering the aforesaid facts and circumstances as well as nature of allegation levelled against the petitioner, I am not inclined to release the petitioner on bail, at least, at this stage and accordingly, his prayer for bail in connection with Sessions Trial No. 956 of 2011 arising out of Katoriya P.S. Case No. 110 of 2007 pending in the court of 2nd Additional Sessions Judge, Banka is rejected. However, learned 2nd Additional Sessions Judge, Banka is directed to conclude the trial of the petitioner as early as possible and furthermore, it is made clear that if the informant of this case appears in the trial court and deposes against the prosecution case, the learned trial court shall release the petitioner on bail fixing the amount as thinks fit by the learned trial court itself. SHAHZAD/- (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.