Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11258 of 2012 ====================================================== Ashok Yadav son of Brahmadeo Yadav alias Musharu Yadav, R/O village- Hathra, P.S. Kusheshwar Asthan, District- Darbhanga. .... .... Petitioner/s Versus The State Of Bihar.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2. 21-03-2012. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kusheshwar Asthan P.S.Case No.198 of 209 (Sessions Trial No.42 of 2012) for the offence punishable under [STATUTE] . The earlier application of the petitioner bearing Cr.Misc.No.39886 of 2011 was sought to be withdrawn by the petitioner for renewing the same after framing of charge and which prayer was allowed by order dated 15.2.2012 placed at Annexure-1. Learned counsel for the petitioner, with reference to the order framing charge placed at Annexure-5 of the present application and the charge memo in Form No.3-1 appended to the supplementary affidavit filed today, submits that the charges have been framed against the petitioner and his father Brahmadeo Yadav Patna High Court Cr.Misc. No.11258 of 2012 (2) dt.21-03-2012 2 under [STATUTE] . Taking into consideration the submissions of learned counsel that the involvement of the petitioner in the present case is on the basis of circumstantial evidence as also the fact that the charges have been framed in the present case and that one of the co-accused, namely, Brahmadeo Yadav has since been released on bail by a bench of this court in Cr.Misc.No.24828 of 2010 vide order passed on 23.7.2010 (Annexure-6), let the petitioner Ashok Yadav 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 Additional Sessions Judge (F.T.C.I), Darbhanga in connection with Kusheshwar Asthan P.S.Case No.198 of 2009 (Sessions Trial No.42 of 2012), subject to the condition that the petitioner shall ensure his representation before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to ensure his representation before the trial court on two consecutive dates fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. ahk/- (Jyoti Saran, 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.