Case Facts:
Patna High Court Cr.Misc. No.39584 of 2011 (3) dt.29-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39584 of 2011 ====================================================== Bablu Kr. @ Bablu Gope @ Dabloo @ Amarjeet Kumar S/o Sri Sohrai Rai .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar, Advocate For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 29.2.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] as well as 27 of the Arms Act and 3/5 of the Explosive Substance Act. The petitioner was refused bail by orders dated 27.8.2010 and 4.5.2011 since there was an allegation against him also of having caused the death of the deceased. The prayer for bail has been renewed on the ground of undue delay in trial. A report was called for from the Trial Court, which reveals that out of sixteen charge sheet witnesses eight have been examined but none of them including the informant has supported the case of the prosecution. It has been submitted on behalf of the petitioner that the informant is the sole eye witness. Considering the same, let the petitioner above Patna High Court Cr.Misc. No.39584 of 2011 (3) dt.29-02-2012 named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional District & Sessions Judge IInd, Patna City, District Patna in connection with S. Tr. No.1375 of 2011 arising out of Malsalami P.S. case No.212 of 2009, subject to the conditions (i) That one of the bailor shall be Sohrai Rai, father of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. In view of the nature of allegations, the petitioner is directed to appear before the Senior Superintendent of Police, Patna within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this Patna High Court Cr.Misc. No.39584 of 2011 (3) dt.29-02-2012 period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, 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.