Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9794 of 2012 ====================================================== Pintu Yadav@Bhuneshwar Yadav S/O Rudal Yadav, Resident Of Village- Madipar Dubauli, Police Station- Deoria, District- Deoria (U.P.). At Present Resident Of Village- Kutiya, P.S.- Vijaipur, District- Gopalganj. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 3 04-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under [STATUTE] . Learned counsel for the petitioner states that the allegation in the FIR is that petitioner and another co-accused person snatched the articles from the hand of the deceased and assaulted him as a result of which he died. Learned counsel for the petitioner further submits that the said FIR has been lodged by the widow of the deceased, but admittedly she is not an eye witness to the occurrence. The other persons whose statements have been recorded in paragraphs 5,6, 7, 8, 9, 11, 13, 22, 23 and 24 had supported the prosecution story, but they had not taken the name of the petitioner, rather the words ‘unknown Patna High Court Cr.Misc. No.9794 of 2012 (3) dt.04-06-2012 2 / 2 2 assailants’ have been used. Learned counsel for the petitioner also avers that due to village politics the petitioner has been falsely implicated although the crime must have been committed by someone else, but in spite of that petitioner is in jail for several months although he has got no criminal antecedents. In the aforesaid facts and circumstances, this petition is allowed. Let above named petitioner be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Vijaipur P.S. Case No. 92 of 2011. Sunil/- (S.N. Hussain, 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.