Case Facts:
Patna High Court Cr.Misc. No.24766 of 2012 (2) dt.17-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24766 of 2012 ====================================================== 1. Rajeev Kumar S/O Shri Bhola Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25768 of 2012 ====================================================== 1. Champak Jha @ Champak Kumar S/O Late Shambhu Nath Jha .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 17-07-2012 Both the above stated petitions arise out of Begusarai Barauni (F.C.I.) P.S. Case No. 47 of 2012 registered under [STATUTE] and 27 of the Arms Act and accordingly, both the above stated petitions are being disposed of by this common order. Power is filed on behalf of the informant. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner in Cr. Misc. No. 24766 of 2012 is not named in the first information report but it appears from perusal of Patna High Court Cr.Misc. No.24766 of 2012 (2) dt.17-07-2012 the impugned order that petitioner was arrested in course of investigation and confessed his guilt disclosing this fact that he was aware about the present occurrence but did not disclose the same to any person. So far as petitioner in Cr. Misc. No. 25768 of 2012 is concerned, he is named along with two others in the first information report and it is stated that he as well as other first information report named accused took the deceased and later on, the dead body of the deceased was recovered. Learned counsel appearing for petitioner in Cr. Misc. No. 25768 of 2012 submits that having similar allegation, co- accused Binay Kumar has already been granted privilege of bail by another Bench of this Court vide order dated 30.05.2012 passed in Cr. Misc. No. 19378 of 2012. Learned counsel appearing for informant submits that petitioner in Cr. Misc. No. 24766 of 2012 carries criminal antecedent and moreover, there is specific allegation against petitioner in Cr. Misc. No. 25768 of 2012 and accused Jugnu Singh that they took the deceased on the point of gun and so far as first information report named accused Vinay Singh is concerned, he was only accompanied the petitioner and other accused. So, the case of petitioner in Cr. Misc. No. 25768 of 2012 is quite on different footing to the case of accused Vinay Singh. Patna High Court Cr.Misc. No.24766 of 2012 (2) dt.17-07-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Begusarai Barauni (F.C.I.) P.S. Case No. 47 of 2012. 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.