Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21607 of 2012 ====================================================== 1. Mahachandra Prasad Singh S/O Late Rangi Singh R/O House No. 12, Bir Chand Patel Path, P.S. Kotwali, District - Patna .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 29-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is an application for grant of anticipatory bail for the offence under [STATUTE] , section 27 of the Arms Act and section 3/4 of the Explosive Substance Act. There is direct allegation against the petitioner in the F.I. R that he along with others fired on one Mantu Singh who succumbed to the injury. From the order of learned Sessions Judge it appears that the investigation of the case was conducted by the CID and final form was submitted against this petitioner and one other accused person. However, the Chief Judicial Magistrate took cognizance against the petitioner, against which a revision application was preferred before the Sessions Judge and the Patna High Court Cr.Misc. No.21607 of 2012 (2) dt.29-05-2012 2/3 Additional Sessions Judge set aside the order of cognizance holding that the Chief Judicial Magistrate has got no power to take cognizance when the petitioner was not sent up for trial. However, the High Court in Cr. Misc. No. 17214 of 2008 has set aside the order of the Sessions Judge holding that it is settled law that the magistrate can differ with the final report and take cognizance against the persons not sent up or against whom final form submitted. The Sessions Judge while rejecting the prayer of anticipatory bail of the petitioner has discussed the evidence against the petitioner in the case diary and also discussed that even the informant in his subsequent statement in para 160 of the case diary has not named this petitioner about his complicity in the crime and the witnesses also in paras 161, 163, 168, 169, 170, 173, 174, 176, 182 and 183 have not stated about the complicity of the petitioner in the crime, though other witnesses named other accused in their evidence. However, the Sessions Judge mentioned that witnesses in paras 50, 51, 52 and the informant in para 61 mentioned complicity of the petitioner. Learned counsel for the petitioner submits that the petitioner has clean antecedent and not accused in any other case and police submitted final form against the petitioner. Patna High Court Cr.Misc. No.21607 of 2012 (2) dt.29-05-2012 3/3 Hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender within four weeks, the above named petitioner is directed to be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rs. Twenty thousand) with two sureties of the like amount each in connection with Baniapur P.S. Case No. 59 of 2004 to the satisfaction of Sri Sarat Chandra Srivastava, Judicial Magistrate, Saran at Chapra subject to the condition laid down under section 438 (2) of the Cr. P. C. as well as subject to the conditions that he will appear in person at the stage of receiving the police paper, commitment and framing of charge. He will also co-operate during the trial and will be represented on each and every date fixed in this case during trial. RPS/- (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.