Case Facts:
Patna High Court Cr.Misc. No.8979 of 2011 (7) dt.06-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8979 of 2011 ====================================================== Sarafat Khan, son of Zahoor Khan, resident of Village- Marwatpur, P.S. Deshri, District- Vaishali. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 7 06-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in connection with Manhar P.S. Case No. 62 of 2010 registered under [STATUTE] and Section 27 of the Arms Act. The informant is wife of the deceased who has stated that just after occurrence she reached at the place of occurrence on the sound of firing and found that her husband in injured state and two persons fired. However, the petitioner has not named by the informant. During investigation the name of the petitioner has find place on confessional statement of co-accused. However, some witnesses have stated that petitioner was seen prior to the occurrence. However, except this there is no other cogent and unimpeachable evidence regarding complicity of the petitioner. Patna High Court Cr.Misc. No.8979 of 2011 (7) dt.06-07-2012 Only material against the petitioner his name has find place on confessional statement of co-accused Istiaq Khan before the police. Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Manhar P.S. Case No. 62 of 2010, subject to condition that if any incriminating material found against the petitioner at the subsequent stage of investigation and charge sheet submitted on the basis of that material, then petitioner shall surrender and pray for regular bail. m.p. (Gopal Prasad, 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.