Case Facts:
Patna High Court Cr.Misc. No.20226 of 2012 (2) dt.31-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20226 of 2012 ====================================================== Anil Yadav, S/O Late Kishundeo Yadav, resident of Village- Pathara, P.S.- Guraru, District- Gaya. .... .... 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 AHSANUDDIN AMANULLAH ORAL ORDER 2 31-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Guraru P.S. Case No. 07 of 2012 dated 28.01.2012 registered for offence under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner submits that though he has been named in the F.I.R. but no overt act or specific role in the crime has been attributed to him. As per the allegation the informant was aggrieved with his father for giving money to Sunil Yadav, who is the brother of the petitioner and this led to exchange of hot words between them. It is stated that Sunil Yadav along with the petitioner came to the house of the informant and Sunil Yadav opened fire resulting in injury to the wife of the Patna High Court Cr.Misc. No.20226 of 2012 (2) dt.31-05-2012 2 informant and later her death. Thereafter, it is alleged that both the petitioner as well as his brother Sunil ran away. Learned counsel submits that at best it is only a case where the petitioner had accompanied his brother that too to the house of the informant, who is his close relative. Learned counsel submits that the petitioner has clean antecedent and is in custody since 14.02.2012. Learned A.P.P. for the State, on the other hand, opposes the prayer for bail and submits that he has also been named in the F.I.R. and he accompanied his brother who actually committed the crime and thus he was also an accomplice. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Guraru P.S. Case No. 07 of 2012. This application, accordingly, stands disposed off. Md. Ibrarul/- (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.