Case Facts:
Patna High Court Cr.Misc. No.31274 of 2012 (3) dt.08-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31274 of 2012 ====================================================== 1. Guddu Sharma @ Guddu Kumar S/O Awadhesh Nandan Sharma .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 08-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 07.05.2012 in a case registered under [STATUTE] and 27 of the Arms Act. Petitioner is very much named in the first information report with allegation that he assaulted the deceased causing injury on his chick, right leg and left elbow and the alleged occurrence took place in the year 2001 but submission on behalf of the petitioner is that the post mortem report of the deceased reveals that deceased had sustained gun shot injury and no incised wound was found on the person of the deceased. It is further contended by him that one co-accused, namely, Awadhesh Nandan Sharma faced trial in Sessions Trial No. 269 of 2003 and after full fledged trial, the aforesaid co-accused, Awadhesh Nandan Sharma was Patna High Court Cr.Misc. No.31274 of 2012 (3) dt.08-10-2012 acquitted by the trial court vide order dated 12.06.2003. It is further contended by him that no doubt, charge sheet has been submitted against the petitioner showing him absconder but as a matter of fact, petitioner was not aware about the institution of the present case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Additional Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 149 of 2001 subject to condition that petitioner shall attend the trial court on each and every date in person for the period of one year or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. SHAHZAD/- (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.