Case Facts:
Patna High Court Cr.Misc. No.23172 of 2012 (2) dt.25-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23172 of 2012 ====================================================== 1. Harihar Yadav S/O Shivraj Yadav R/O Vill-Kakara, P.S.-Nawalpur, Distt-West Champaran(Bettiah) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 25-06-2012 Heard learned counsel for the petitioner and learned counsel for the State. This is a petition for regular bail for the offence under [STATUTE] and sections 25(1-B) A, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that earlier in a case under [STATUTE] he was in judicial custody with regard to the death of a constable in firing and counter firing. In view of the fact that a double barrel gun was found near the dead body of Kanhaiyalal Choudhary, constable, and on recovery of the said gun which is said to have been looted property, this case under Arms Act has been instituted. The prayer for bail of the petitioner has been rejected by the lower court on the ground that he is absconding as the chargesheet submitted Patna High Court Cr.Misc. No.23172 of 2012 (2) dt.25-06-2012 against the petitioner showing him absconder and he has been remanded in this case on 14.3.2012. Learned counsel for the petitioner submits that the petitioner was in jail in connection with other case and he was not remanded by the police in this case earlier. Having regard to the facts and circumstances of the case, the petitioner, namely, Harihar Yadav is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each in connection with Chautarwa ( Bathwaria) P.S. Case No. 42 of 2000 (Trial No. 853 of 2012) to the satisfaction of Sub-Divisional Judicial Magistrate, Bagaha, West Champaran (Bettiah), subject to the condition that one of the bailors will be near relative of the petitioner and will file affidavit that the petitioner was not remanded in this case though he was in custody in other case and the trial court after being satisfied, shall release the petitioner on bail. The petitioner will appear on each and every date fixed in the case and his absence without any reasonable ground on two consecutive dates shall be a ground for cancellation of his bail bonds. RPS/- (Gopal Prasad, 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.