Case Facts:
Patna High Court Cr.Misc. No.44482 of 2012 (2) dt.18-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44482 of 2012 ====================================================== Santosh Yadav @ Dharma Yadav @ Manoj Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.12.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 28.9.2012 in a case registered under [STATUTE] as well as section 3(X) of the SC/ST Act and 27 of the Arms Act. Although petitioner is not named in the first information report and there is allegation that prior to murder of the deceased petitioner and co–accused Suchit Yadav assaulted the deceased and when the deceased was going to lodge the case, petitioner and other accused encircled him and at the instigation of co–accused Kundan Yadav, co–accused Kamlesh Yadav shot fire at the deceased as a result of which the deceased died. The contention on behalf of the petitioner is that no specific overt-act has been attributed against the petitioner and it was co– accused Kamlesh Yadav who shot fire at the deceased. Considering the aforesaid facts and circumstances as well as allegation levelled against the petitioner, let the petitioner, Santosh Yadav @ Dharma Yadav @ Manoj Kumar, 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 Ist Addl. Sessions Judge, Buxar Patna High Court Cr.Misc. No.44482 of 2012 (2) dt.18-12-2012 in Sessions trial no. 251/2012 arising out of Buxar (T) P.S. Case no. 137/2010. 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.