Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31079 of 2012 ====================================================== Tutu Kumar @ Santosh Kumar @ Santosh Kumar Sah @ Santosh Sah, S/o Shashi Sah, resident of Mohalla- Vidyapuri, Ward No.18, State Bank Road, P.S. and District- Madhepura. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 08-08-2012 Heard learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is in custody in connection with Sessions Trial No. 166 of 2011 arising from Madhepura P.S. Case No.99 of 2011for the offences punishable under [STATUTE] . The allegation against the petitioner is of causing knife injury on the son of the informant causing his death. The name of this petitioner had transpired by reason of statement made by one Ashok Kumar recorded in paragraph 9 of the case diary and in consideration whereof the prayer of the petitioner was earlier rejected by order dated 14.3.2012 passed in Cr. Misc. No.34566 of 2011. Learned counsel for the petitioner with reference to the evidence of said Ashok Kumar recorded during the trial Patna High Court Cr.Misc. No.31079 of 2012 (2) dt.08-08-2012 2 placed at Annexure-3 of this application submits that the said witness has disowned his statement recorded in the case diary. It is stated that the statement of said witness Ashok Kumar is the only material available against the petitioner. He further submits that in the circumstances the petitioner having a clean antecedent has remained in custody since 31.3.2011. Regard being had to the submissions of learned counsel and the period of custody, let the petitioner, namely, Tutu Kumar @ Santosh Kumar @ Santosh Kumar Sah @ Santosh Sah 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 the learned 1st Additional Sessions Judge, Madhepura in connection with Sessions Trial No.166 of 2011 arising from Madhepura P.S. Case No.99 of 2011 subject to the condition that the petitioner shall be personally present before the trial court on each and every date fixed in the trial and the failure on the part of the petitioner to be personally present before the trial court on each and every date fixed in the trial without reasonable explanation to the satisfaction of the trial court, would entitle the court concerned to cancel his bail bonds and to take him into custody. SKPathak/- (Jyoti Saran, 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.