Case Facts:
Patna High Court Cr.Misc. No.20103 of 2012 (2) dt.30-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 20103 of 2012 ====================================================== Aziz Miyan Son of Late Kitab Miyan @ Mahadi Hussain Miyan Resident Of Village- Nazmin Chowk, Ganj No.-2, Police Station- Bettiah Town, District- West Champaran At Bettiah. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ansul, Advocate. For the Opposite Party/s : Mr.Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 30-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Bettiah Town P.S. Case No. 259 of 2009 dated 01.09.2009 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that as per the F.I.R. itself there is general allegation against the petitioner along with others of having pushed the father of the informant and as a result of the same he become unconscious and was taken to the hospital where he died. Learned counsel for the petitioner has referred to the post mortem report, copy of which has been made Annexure-2 in the present application, in which there is only bruise on the right Patna High Court Cr.Misc. No.20103 of 2012 (2) dt.30-05-2012 knee and right thigh and no specific finding has been recorded with regard to the cause of death. It is submitted that the petitioner has clean antecedent and is about 65 years of age and is in custody since 29.03.2012. Learned counsel submits that the petitioner as well as the informant are Hawkers and earlier there was dispute between them which was settled on the intervention of the persons of the locality. It is sated that the father of the informant died a natural death and the petitioner has been falsely implicated. It is further submitted that even if the allegations are accepted to be true, then, at best, it is a general and omnibus allegation and that too with regard to only pushing and assaulting by fists and slaps by about 15 persons. It is thus submitted that implication of the petitioner is on a highly tenuous ground which cannot be sustained in the eyes of law. Learned A.P.P. for the States opposes the prayer for bail and submits that due to the act of the petitioner along with others, the father of the informant died. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. Patna High Court Cr.Misc. No.20103 of 2012 (2) dt.30-05-2012 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah in connection with Bettiah Town P.S. Case No. 259 of 2009. This application, accordingly, stands disposed off. Anand Kr. (Ahsanuddin Amanullah, 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.