Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31296 of 2010 ====================================================== Dodayaf Ali @ Dodayal Ali @ Bhutan, Son of Sk. Lukman, R/o Village Sheorajpur, P.S. Nautan, District West Champaran. At present Mohalla Kishunbagh, P.S. Bettiah (Town), District West Champaran. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Sanjay Kumar No. 7, Advocate Mr. B.J. Ojha, Advocate. For the Informant : Mr. Keshav Srivastava, Sr. Advocate For the State : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 8 01-02-2012 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 81 dated 22/09/2010. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] and 27 Patna High Court Cr.Misc. No.31296 of 2010 (8) dt.01-02-2012 2 / 4 2 of the Arms Act, is one of the named accused in this case of brutal killing of brother-in-law of the informant and out of several assailants three persons including the petitioner were apprehended in connection with connected Bettiah Town P.S. Case No. 263 of 2010 instituted under different provisions of the Arms Act. Immediately, thereafter at the statement of the informant present case was instituted but for the reasons best known to the prosecution side, in spite of remaining in custody in earlier instituted connected case petitioner could not be remanded but was ultimately permitted to be enlarged on bail after brief detention. It is pointed out that on the basis of different controversies relating to the defense of kidnapping and filing of complaint case in this regard, taken by the petitioner, reports from learned Sessions Judge as well as Superintendent of Police, West Champaran, Bettiah have been called for, which are on record and it appears that due to some error committed on the part of the investigating officer, matter could not properly be prosecuted. It is also submitted while objecting the prayer that for the benefit of petitioner some interpolation etc. has also been made in complaint register, but all such matters need thorough Patna High Court Cr.Misc. No.31296 of 2010 (8) dt.01-02-2012 3 / 4 3 scrutiny and due order at appropriate stage on going through different connected materials including evidence of experts etc., if required. For the present, so far petitioner’s privilege under Section 438 of the Code of Criminal Procedure is concerned, since he was remanded and kept confined for a substantial period within the knowledge of the authorities concerned, but no step was taken to get him remanded in the present case and for this reason alone petitioner appears entitled for the privilege sought. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 264 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure and also with another condition that one of the bailors must be father of the petitioner and another should be local elected public representative with additional condition to Patna High Court Cr.Misc. No.31296 of 2010 (8) dt.01-02-2012 4 / 4 4 remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Further, the case diary etc. of this case be returned immediately to the concerned court below. Praveen-II/- (Akhilesh Chandra, 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.