Case Facts:
Patna High Court Cr.Misc. No.30499 of 2012 (3) dt.27-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30499 of 2012 ====================================================== 1. Sintu Yadav S/O Bindeshwari Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 27-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody since 29.02.2012 in a case registered under [STATUTE] and 27 of the Arms Act. Petitioner is named in the first information report along with three others and as per version of the informant, while he along with his brother was going to his house, he heard the sound of firing and came near his brother who was lying dead having riddled with bullet injuries and prior to the aforesaid occurrence he had seen the petitioner including the first information report named accused persons sitting near the place of occurrence and the aforesaid persons had stopped his brother. Learned counsel for the petitioner submits that informant is not an eye witness of the alleged occurrence and in Patna High Court Cr.Misc. No.30499 of 2012 (3) dt.27-09-2012 course of investigation only one witness claimed to have seen the petitioner going towards banana field having armed with firearms but neither informant nor the wife of the deceased stated this fact that at the time of alleged occurrence petitioner as well as his associates were armed with any weapon. It is further contended by him that no doubt, petitioner carries criminal antecedent of some cases but he has never been made accused in a murder case. Learned counsel for the informant opposed the prayer submitting that petitioner is named in the first information report with specific allegation that he as well as other accused had stopped the deceased and after that informant heard the sound of firing and when he reached near the place of occurrence, petitioner and other accused fled away from there. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No. 606 of 2012 arising out of Kharik P.S. Case No. 13 of 2012. 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.