Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10689 of 2012 ====================================================== Shambhu Mahto, Son of Sri Mahendra Mahto. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 05-04-2012 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 – 105 dated 15.03.2010. The petitioner seeks bail in a case registered under [STATUTE] and 27 of the Arms Act. The petitioner, who is in custody since 11.02.2012, is one of the named accused in this case of killing of one Sanjay Biatha. Submission is of false implication and even the informant subsequently is figuring one of the named accused perhaps on the basis of complaint petition filed by the father of the deceased, but in further statement, the informant and the father of the deceased besides other witnesses examined during investigation have said nothing specifically against the petitioner rather uttered about the petitioner being unarmed and committing no wrong. Further, petitioner also has no criminal antecedent. If, it is so, considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Sahiara P.S. Case No. 05 of 2008, subject to condition to Patna High Court Cr.Misc. No.10689 of 2012 (3) dt.05-04-2012 2 / 2 2 attend the court regularly on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege 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.