Case Facts:
Patna High Court Cr.Misc. No.31879 of 2012 (3) dt.08-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31879 of 2012 ====================================================== 1. Kapil Mahto Son Of Sri Rohan Mahto .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 08-10-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 28.04.2012 in a case registered under [STATUTE] . According to prosecution case, petitioner and other first information report named accused assaulted the deceased with lathi and iron rod in the night of 16.02.2012 and informant claimed to have seen the alleged occurrence but according to prosecution case itself, the present case was lodged on 17.02.2012. Moreover, there is general allegation of assault against the petitioner and other accused. It is contended by learned counsel for the petitioner that deceased was accused in Siswan P.S. Case No. 502 of 2010 and in the aforesaid case, petitioner was witness and that is the reason of false implication of the petitioner in the alleged crime. Patna High Court Cr.Misc. No.31879 of 2012 (3) dt.08-10-2012 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, Sheikhpura in connection with Shekhopur Sarai 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.