Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17230 of 2012 ====================================================== Malik Mahto S/O Satyadeo Mahto, R/V Sahwan, P.S. Ishuapur, District- Saran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. A. K. Shrivastav, Adv. For the Opposite Party/s : Mr.Anish Chandra, Addl. P. P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 24-04-2012 Heard. The petitioner seeks bail in a criminal prosecution registered under [STATUTE] . It is submitted that the petitioner is not named in the F.I.R. as an accused, though two other persons have been specifically named in the F.I.R. (Annexure-1). It is further submitted that even after close of investigation, the petitioner was not charge sheeted, rather he was cited as a prosecution witness. However, during the course of trial with respect to co-accused Jalandhar Mahto and Jitendra Mahto, the learned trial court, in exercise of its power under Section 319 Cr. P. C., has summoned this petitioner also for facing trial. Taking into consideration the facts and circumstances of the case that the petitioner is neither named in the F.I.R. (Annexure-1) nor he has been charge sheeted and he has been summoned to face the trial in terms of Section 319 Cr. P.C., the prayer for bail is allowed. Let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10, 000/- with two sureties of the like Patna High Court Cr.Misc. No.17230 of 2012 (2) dt.24-04-2012 2 / 2 2 amount each to the satisfaction of learned F.T.C.-V, Chapra in connection with S. Tr. No. 131(A)/2002, arising out of Ishuapur P.S. Case No. 64 of 2001, subject to conditions that : (A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/- (Birendra Prasad Verma, 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.