Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36252 of 2011 ====================================================== Shankar Choudhary, S/O Late Bhajjan Choudhary, R/O Village- Kumarso, P.S.- Garhpura, District- Begusarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Jainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 27-01-2012 Heard learned counsel appearing on behalf of the parties. The petitioner is in custody in connection with Garhpura P.S. Case No.25 of 2011 for the offences punishable under [STATUTE] . Learned counsel with reference to the allegation made in the FIR submits that the informant has herself stated that one Tekan Mian along with 2-3 persons had come to take her husband. It is stated that the informant subsequently has stated that she was informed that the death of her husband took place out side the toddy shop of this petitioner. He thus submits that it is thus clear that the petitioner had not gone along with Tekan Mian to call her husband. He further submits that no motive has been assigned against the petitioner for causing death of the deceased rather it is only the circumstances where some blood was found out side the shop of this petitioner that he has been roped in the present case on suspicion. It is further stated that the alleged recovery of the Hasuli which is stated to be the weapon used, has been mentioned by the investigating Patna High Court Cr.Misc. No.36252 of 2011 (3) dt.27-01-2012 2 officer himself of carrying a blood like substance. It is stated that the said substance has yet not been verified. Learned counsel submits that in these circumstances, the petitioner has been taken into custody. Having heard learned counsel for the parties and having perused the materials on record and taking into consideration the submissions advanced, let the petitioner, namely, Shankar Choudhary 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 the learned Chief Judicial Magistrate, Begusarai in connection with Garhpura P.S. Case No.25 of 2011. SKPathak/- (Jyoti Saran, 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.