Case Facts:
Patna High Court Cr.Misc. No.40482 of 2012 (3) dt.13-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40482 of 2012 ====================================================== Bashishtha Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 13.12.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 12.8.2012 in a case registered under [STATUTE] . It is alleged in the first information report that the petitioner and other accused mercilessly assaulted the deceased. The trial court has reported that originally, charge sheet was filed against four accused persons and cognizance of the offence was taken on 6.12.1999 and the case of the aforesaid four accused persons was committed to the court of sessions in the year 2000 whereas investigation regarding the petitioner and some accused was kept pending. Furthermore, the court below reported that supplementary charge sheet was filed and accordingly, cognizance was taken on 13.6.2007 and summons have been issued against the petitioner on 3.5.2012. It is the specific case of the prosecution that it was co- accused Bhola Yadav who gave lathi blow on the head of the deceased. Para 109 of the case diary reveals that three injuries were found on the person of the deceased and cause of death of the deceased was head injury which is attributed against co-accused Bhola Patna High Court Cr.Misc. No.40482 of 2012 (3) dt.13-12-2012 Yadav. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Bashistha 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 Sub divisional Judicial Magistrate, Motihari, West Champaran in Harsidhi P.S. Case no. 03/1999. Shahid (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.