Case Facts:
Patna High Court Cr.Misc. No.39121 of 2011 (5) dt.27-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39121 of 2011 ====================================================== Tulsi Kumar @ Tulsi Singh son of Hari Narayan Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 5 27-01-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 23.12.2006 in a case registered under [STATUTE] and under Section 27 of the Arms Act. Earlier, the prayer for bail of this petitioner was twice rejected by this Court and directed the trial court to conclude the trial of the petitioner within a prescribed time, but it is a matter of great sorrow that in spite of direction of this Court, the learned trial court could not succeed to conclude the trial of the petitioner within prescribed period. The learned trial judge has reported that charge against the petitioner could be framed on 25.02.2010 and out of 11 prosecution witnesses up till now, only seven witnesses have been examined and I.O. and doctor as well as other witnesses could not be examined. It would appear from perusal of order dated 25.08.2010 passed by this court in Cr. Misc. No. 23318 of 2010 that this court had sent the copy of aforesaid order to the S.P. Patna for directing the Officer-In-Charge of Danapur (Akilpur) police station to produce the witnesses of Danapur P.S. Case No. 777 of 2006 before the trial judge within targeted period but it appears to Patna High Court Cr.Misc. No.39121 of 2011 (5) dt.27-01-2012 me rather it is apparent from the report of learned Additional Sessions Judge that the Officer-In-Charge of aforesaid police station could not succeed to comply with the order of this Court in its letter and spirit. Considering the aforesaid facts and circumstances as well submissions of the parties, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1st Danapur, Patna in connection with Sessions Trial No. 1516 of 2008 arising out of Danapur (Akilpur) P.S. Case No. 777 of 2006, subject to condition that petitioner shall attend the trial court in person on each and every date for a period of nine months or till conclusion of his trial, whichever is earlier and if he fails to do so on two consecutive dates without any genuine reason, the learned trial judge shall be at liberty to cancel the bail bonds of the petitioner. Devendra/- (Hemant Kumar Srivastava, 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.