Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7315 of 2012 ====================================================== Vivek @ Kumar Vivek @ Vivek Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-03-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . On recovery of the dead body of one Kunal Kumar the FIR was lodged against Gaya, Singh, Birendra Kumar Singh and Manish Kumar. The petitioner was not named in the FIR. Subsequently during course of investigation two witnesses the named the petitioner whereas in 164 Cr.P.C. statement one Daizy Shahi also named the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been named by three witnesses at the belated stage of investigation and the investigation is still pending against the petitioner. Patna High Court Cr.Misc. No.7315 of 2012 (2) dt.13-03-2012 2/2 Considering the suspicious nature of accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, West Muzaffarpur in connection with Kurhni P.S. Case No. 285 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner will be accepted on filing of the affidavit that he will regularly co-operate in the investigation. The said affidavit will be transmitted to the I.O. by the learned court below. The non-cooperation in the investigation will give liberty to the prosecution to file application for cancellation of bail of the petitioner. DKS/ (Dinesh Kumar Singh, 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.