Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8628 of 2012 ====================================================== Kameshwar Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-03-2012 Heard learned counsels for the petitioner, the State and the informant. The petitioner being the Officer-in-charge of Chand Police Station is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The accusation is of firing at the mob which attacked the police station when two persons died. The petitioner was not named in the first information report. The FIR named accused persons were not sent up for trial and final form was submitted but on protest cognizance has been taken in which for the first time the petitioner’s name sprang up. It is submitted by learned counsel for the petitioner that the mob attacked the police force when a Patna High Court Cr.Misc. No.8628 of 2012 (2) dt.23-03-2012 2/2 case being Chand P.S. Case No. 06 of 2006 was registered at the behest of the petitioner. It is submitted by learned counsel for the petitioner that in that case final form was submitted. Considering the fact that petitioner was initially not named in the first information and for the first time after several years on protest the name of the petitioner sprang up, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve 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 Sri Ashutosh Kumar Upadhyay, learned Judicial Magistrate, Ist Class, Bhabua, District – Kaimur in connection with Complaint Case No. 700 of 2010 (Tr. No. 2279 of 2011), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (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.