Case Facts:
Patna High Court Cr.Misc. No.32713 of 2011 (4) dt.30-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32713 of 2011 ====================================================== Mauli Yadav @ Chandramauli Yadav .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Prabhat Kumar Singh For the Opposite Party : Mr. Ashok Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) ----------- 04/ 30.01.2012 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 4.5.2011 in a case registered under [STATUTE] and 27 of the Arms Act. Allegedly, petitioner along with two FIR named accused persons entered into the house of the informant and opened fire on the informant’s wife as a result of which she died then and there. Learned counsel for the petitioner points out that according to the prosecution case itself, alleged occurrence took place on 27.10.2008 at 2 a.m. whereas fardbeyan of the informant was recorded on the same day at 7.15 a.m. It is further contended by him that police reached at the place of the occurrence at 3.00 a.m. on the same day but neither informant nor any other person disclosed the name of the petitioner and others as assailants. It is further contended by him that, Patna High Court Cr.Misc. No.32713 of 2011 (4) dt.30-01-2012 as a matter of fact, petitioner has been roped in this case on account of previous enmity and village politics. To fortify the above stated submissions, learned counsel for the petitioner refers paras 5 and 6 of the case diary. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Mauli Yadav @ Chandramauli Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Barh District Patna in Athmalgola P.S. Case no. 149/2008. Shahid Hassan (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.