Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39513 of 2012 ====================================================== Anil Rai S/O Shri Gautam Rai, R/o Vill-Beldari, P.S.-Daudpur, Distt- Saran(Chapra). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 01-11-2012. Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Daudpur P.S. Case No. 70 of 2010 registered for offence punishable under [STATUTE] . Learned counsel for the petitioner submits that he is not named in the F.I.R. As per the allegation, the deceased was killed by one Satyendra Singh and another unknown person. Learned counsel submits that another person, namely, Arun Giri was also injured in the incident. Learned counsel submits that the named accused is said to have called the police on his mobile alleging that two persons were trying to snatch his chain but before the police could come, the deceased had already died and Arun Giri was also injured. Learned counsel Patna High Court Cr.Misc. No.39513 of 2012 (2) dt.01-11-2012 2 has also drawn the attention of this court to para-9 of the petition in which details of seven criminal cases lodged against the deceased are mentioned. Learned counsel submits that the injured Arun Giri has not taken name of the petitioner though he is a co-villager and there is also no Test Identification Parade. Learned counsel submits that except for the reference in the impugned order dated 17.9.2012 by which the bail was rejected by the court below that the mother of the deceased had stated that 2 hours before the occurrence, the petitioner along with another person had come to her house and had asked the deceased to come with them there is no other material against the petitioner. Learned counsel submits that neither the co- villagers nor any other person has named the petitioner. Learned A.P.P. for the State opposes the prayer for bail and submits that the mother has named the petitioner as one of the persons who had called him from his house and thus bail should not be granted to him. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, let the abovenamed petitioner 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 Chief Judicial Patna High Court Cr.Misc. No.39513 of 2012 (2) dt.01-11-2012 3 Magistrate, Chapra, Saran in Daudpur P.S. Case No. 70 of 2010. ahk/- (Ahsanuddin Amanullah, 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.