Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10933 of 2011 ====================================================== Umesh Tiwari, Son of Mahendra Tiwari. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 4 22-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 94 dated 05/04/2010. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] and 27 of the Arms Act. In this case, instituted against unknown at the instance of village chowkidar giving specific descriptions of miscreants and role played by them, petitioner’s (local Sarpanch) name emerged during investigation, initially, at the instance of the father of the deceased with assertion that it is the petitioner, who took the deceased out on his bike in the garb of one party arranged at his residence. Submission is of total denial with false implication due to continued enmity between the parties since before and institution of Paharpur P.S. Case No. 26 of 2010 dated 12.02.2010 almost a week ahead at the instance of the son of the petitioner against the deceased and others. Further, submission is that petitioner has clean antecedent. If, it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail Patna High Court Cr.Misc. No.10933 of 2011 (4) dt.22-02-2012 2 / 2 2 on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Paharpur P.S. Case No. 28 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen-II/- (Akhilesh Chandra, 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.