Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15377 of 2012 ====================================================== Naresh Musahar, S/o Kishun Musahar, resident of village-Khairpokhra, P.S.-Bagaha, District-West Champaran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-04-2012 The petitioner is permitted to make correction in paragraph 12 of the petition. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case instituted under [STATUTE] and Section 27 of the Arms Act. It is submitted that the petitioner is neither named in the F.I.R. nor there is any material to connect him in this case. He has been implicated in the present case merely on the basis of confessional statement of some of the co-accused. He is in custody since 9.4.2010. The charge sheet has already been submitted and the case has been committed to the court of sessions. The trial has also commenced in which the informant has been examined as P.W.-1. His deposition has been brought on record as Annexure-2 to this petition, in which he has categorically stated that there is no involvement of the petitioner in the murder of his brother. Considering the period of custody, nature of accusation, facts Patna High Court Cr.Misc. No.15377 of 2012 (2) dt.12-04-2012 2 / 2 2 and circumstances of the case, the petitioner is directed to be released on bail on his executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned 1st Additional District & Sessions Judge, Bagaha, West Champaran in connection with Semara P.S. Case No. 58 of 2009 (S. Tr. No. 280 of 2011) on the following conditions: (i) That both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he will immediately inform the court and request that he may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.