Case Facts:
Patna High Court Cr.Misc. No.5795 of 2012 (4) dt.11-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5795 of 2012 ============================================== 1. Amit Kumar Singh @ Pintu S/O Late Suresh Singh ... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ============================================== with Criminal Miscellaneous No.6238 of 2012 ============================================== 1. Ramesh Singh S/O Late Rajkishore Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ============================================== with Criminal Miscellaneous No.6236 of 2012 ============================================== 1. Niraj Kumar Singh @ Rintu S/O Yogendra Singh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.5795 of 2012) For the Petitioner : Mr. Rajendra Pd. Singh Sr. Advocate (In Cr.Misc. No.6238 of 2012) For the Petitioner : Mr. Rana Babu Sr. Advocate (In Cr.Misc. No.6236 of 2012) For the Petitioner : Mr. Mukesh Kumar Singh Advocate For the Informant : Mr. Abhay Singh Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 11-04-2012 All the above stated petitions arise out of Nabinagar P.S. Case No. 171 of 2011 registered under [STATUTE] and 27 of the Arms Act and Patna High Court Cr.Misc. No.5795 of 2012 (4) dt.11-04-2012 accordingly, all the above stated petitions are being disposed of by this common order. Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. All the petitioners along with five named and five to seven unknown persons are named in the first information report with allegation that they dragged the deceased and committed his murder. Learned counsel appearing in Cr. Misc. No. 5795 of 2012 submits that after the alleged occurrence , the Investigating Officer having got a telephonic information reached on the place of occurrence at 08:30 P.M. and found the dead body of the deceased lying on a cot in front of his house and after that Investigating Officer prepared inquest report and, thereafter, the Ferdbeyan of the informant was recorded at 11:00 P.M. It is contended by him that the family members of the deceased were present at the time of preparation of inquest report but none of the family members of the deceased disclosed the name of the assailants rather they only stated that deceased was kidnapped and murdered. It is further contended by him that in course of investigation, statement of Dharmendra Prasad was recorded and Patna High Court Cr.Misc. No.5795 of 2012 (4) dt.11-04-2012 the aforesaid Dharmendra Prasad, specifically, stated that some naxalites came at his door and committed the alleged occurrence. The aforesaid statement is supported by another witness who later on made accused. It is further contended by him that the police seized two motorcycles from the place where the deceased was killed and in course of investigation, it came to light that one of the motorcycles belongs to one Laxmi Yadav whose statement was recorded by the Investigating Officer and the aforesaid Laxmi Yadav also stated the involvement of naxalites in the present crime. It is further contended by him that post-mortem report of the deceased reveals that deceased sustained two firearm injuries and moreover, according to prosecution case itself, none has seen the actual killing of the deceased. Learned counsel appearing in Cr. Misc. No. 6238 of 2012 as well as Cr. Misc. No. 6236 of 2012 echoed the submissions of learned counsel appearing in Cr. Misc. No. 5795 of 2012. On the other hand, learned Additional Public Prosecutor as well as learned counsel appearing for the informant, vehemently, opposed the prayer submitting that almost all the eye- witnesses of the present case stated in one voice that deceased was taken by the petitioners and other unknown persons and, Patna High Court Cr.Misc. No.5795 of 2012 (4) dt.11-04-2012 thereafter, they heard the sound of firing and when they went near the place of occurrence, they found the deceased lying on the earth riddled with bullets. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named 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, Aurangabad in connection with Nabinagar P.S. Case No. 171 of 2011. 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.