Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20226 of 2011 ====================================================== Binay Sharma, son of late Bilas Singh, resident of Village Samsara, P..S.Belaganj(Paibigha) in the district of Gaya .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Vikashs Kumar, Advocate For the Opposite Party : Mr. Upendra Kumar,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 06-03-2012 Heard. The prayer for bail made on behalf of the petitioner in a criminal prosecution registered under [STATUTE] as also under Section 27 of the Arms Act was earlier rejected by this Court by an order dated 17.3. 2010 passed in Cr. Misc. No. 644 of 2010 (Annexure-1) with an observation that if the trial of the petitioner is not concluded within a period of one year then he shall be at liberty to renew his prayer for bail before this Court. It appears that before the period of one year could have been over, the petitioner moved again before this Court in Cr. Misc. No. 13122 of 2010 seeking bail, but the same was rejected by a Bench of this Court by an order dated 2.6.2010 on the ground that there was not only suppression of material facts but also there was some interpolation in the Court’s record. Consequently, an enquiry was directed to be conducted by the Registrar General of this Court either by his own or through any superior Officer of the Registry. From the enquiry report dated 16.3.2011 kept at Flag ‘Q’, it appears that one Ramanuj Sharma son of Madan Sharma has been held responsible for suppression of material facts. The learned Registrar General has merely observed that chances of connivance of the petitioner cannot be ruled out. It is highlighted that the petitioner is in judicial custody since 28.8.2009 and though charge was framed on 20.1.2011 but till date only one prosecution witness has been examined and there is no chance of conclusion Patna High Court Cr.Misc. No.20226 of 2011 (4) dt.06-03-2012 2 / 2 2 the trial of the petitioner in near future in view of the delaying approach of the prosecution party. Be that as it may, in the facts of the case, particularly in view of the period of incarceration, the petitioner above named is directed to be released on bail in connection with Sessions Trial No. 148 of 2010//24 of 2010 arising out of Ghoshi PP.S.Case No.64 of 1998 on furnishing a bail bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge, Jehanabad, subject to the conditions : (a) That one of the bailaors must be a government servant, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned; (c ) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner Kanth/- (Birendra Prasad Verma, 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.