Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43388 of 2011 ====================================================== Kanhai Yadav, S/o Jagaranath Yadav, resident of Village Janakpur, Police Station Banka, District Banka. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 10-02-2012 Heard the parties. The petitioner is in custody in connection with Banka P.S. Case No.395 of 2009 for the offences punishable under [STATUTE] . The informant in the FIR has alleged that on hearing shouts of his brother when he rushed to his house he found this petitioner running away from the place along with seven others named in the FIR. Learned counsel for the petitioner submits that except the said circumstance there is no other material against this petitioner gathered during the course of investigation. It is submitted that for the reasons aforesaid the petitioner having clean antecedent is in custody since 29.7.2011, Taking into consideration the submission of learned counsel, let the petitioner, namely, Kanhai Yadav be released Patna High Court Cr.Misc. No.43388 of 2011 (3) dt.10-02-2012 2 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 Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.395 of 2009 corresponding to G.R. No.1461 of 2009); subject to the following conditions: (a) The petitioner shall accept the police papers on the given date and shall present himself on the date fixed for charge and if he fails to appear on two consecutive dates fixed for such purpose, the court concerned shall be at liberty to cancel the bail bonds of the petitioner and to take him into custody. (b) The petitioner shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case, without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.