Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31615 of 2012 ====================================================== 1. Pintu Kumar @ Pintu S/O Bijendra Singh R/O Village - Adarsh Colony Mitan Ghat, P.S. Khajekalian, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.35257 of 2012 ====================================================== 1. Md. Irshad Ahmad @ Shahid @ Sohail S/O Sahail Ahmed R/O Vijaura, Police Station- Masaurhi, At Present Koiri Tola, Police Station, Pirbahore, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.31615 of 2012) For the Petitioner/s : Mr. Birendra Kr. Sinha, Sr. Advocate For the Opposite Party/s : Mr. Sanjay Kr. Pandey, A.P.P. (In Cr.Misc. No.35257 of 2012) For the Petitioner/s : Mr. Arvind Kr. Mauar, Advocate. For the Opposite Party/s : Mr. Yogendra Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 23-11-2012 Heard learned counsel for the petitioner and the State. The two bail applications registered under [STATUTE] . and 27 of the Arms Act have been heard Patna High Court Cr.Misc. No.31615 of 2012 (3) dt.23-11-2012 2 / 3 2 together and they are being disposed of by a common order. Petitioner of Cr. Misc. No. 31615 of 2012 is named accused in the first information report whereas petitioner of Cr. Misc. No. 35257 of 2012 is not named in the first information report though there is allegation that one Gaurav Kumar while taking tea with the deceased during that time he talked on telephone with Sonu and called5-6 criminals including Pintu KLumar and Bharat Sharma who indiscriminately fired and killed the deceased. Learned counsel for the petitioner Md. Irshad Ahmad @ Shahid @ Sohail has submitted that the petitioner has not been named in the first information report and only material against the petitioner is is the confessional statement of co-accused Ravi Kumar. However, the said Ravi Kumar has been granted bail by this Court. Learned counsel for the petitioner Pintu Kumar has submitted that there is no specific allegation that Pintu Kumar @ Pintu has fired on the deceased through the name of Pintu Kumar @ Pintu is figured in the statement in paragraph 6, 7, 8, 9 and 10 of the case diary by the witness. However, Sessions Judge in his order has mentioned that the witnesses have mentioned the name of Pintu Kumar in Patna High Court Cr.Misc. No.31615 of 2012 (3) dt.23-11-2012 3 / 3 3 Paragraph 6,7, 8, 9 and 10 of the Case diary. However, from perusal of the case dairy in paragraph 7, 8 , 9 and 10 the witnesses have named the petitioner and have stated that 5- 6 persons came and indiscriminately fired including Pintu Kumar. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner Pindu Kumar @ Pintu at this stage. His prayer for bail is rejected in Alamganj P.S. Case no. 70 of 2012. However, so far petitioner Irshad Ahmad @ Shahid @ Sohail is concerned, he is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of A.C.J.M, Patna City in connection with Alamganj P.S. Case No. 70 of 2012. M.Rahman/- (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.