Case Facts:
Patna High Court Cr.Misc. No.17250 of 2012 (4) dt.10-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17250 of 2012 ====================================================== 1. Ashok Choudhary @ Ashok Kumar Choudhary S/O Umesh Choudhary @ Umesh Pd. Choudhary .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 10-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody in a case registered under [STATUTE] . Petitioner is named in the first information report but according to prosecution case itself, none has seen the actual killing of the deceased persons. In this case four persons were killed inside their house and in course of investigation, one Ajay Tanti was arrested and confessed his guilt leading to recovery of blood stained clothes. The aforesaid Ajay Tanti disclosed that this petitioner had hired him for killing the deceased persons of this case. Apart from the aforesaid material, there appears that some letters said to be written by deceased, Pooja Mishra and Indradeo Mishra were recovered from the place of occurrence and in the aforesaid letters, it was mentioned that the petitioner used to Patna High Court Cr.Misc. No.17250 of 2012 (4) dt.10-07-2012 threaten the deceased persons. Admittedly, deceased Pooja Mishra is own daughter of the petitioner. Learned counsel for the petitioner submits that from bare perusal of the so-called letters, it is explicit clear that the signature of aforesaid Pooja Mishra differs on the above stated letters. So, the aforesaid fact creates doubt about the prosecution story. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the 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 Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 16 of 2012. SHAHZAD/- (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.