Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34069 of 2011 Mankashwar Yadav @ Nankeshwar Yadav, S/o Balram Yadav, resident of village-Dhobiniya, P.S. Naugachia, District- Bhagalpur Versus The State of Bihar ---------------------------------- 03. 02.01.2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Naugachia P.S. Case No. 18 of 2011 for offence punishable under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner with reference to the statement made in the F.I.R. submits that the petitioner has been involved in the present case by the informant on the basis of hearsay information received by him. Learned counsel submits that a plain reading of the F.I.R. shows that one Rajiv Mandal had asked the son of the informant to accompany him for receiving the payment for cutting of the grass. It is stated that the name of the petitioner does not appear in the name given by the said Rajiv Mandal rather it is only subsequently that the informant states that he came to know that the petitioner was also involved in the killing of his son. He further submits that the informant himself has stated that the blood of his son could be traced to the house of Polo Yadav. It is thus submitted that in the circumstances that the petitioner’s involvement is on the basis of suspicion and considering the circumstances that he has a clean antecedent, his prayer may be considered. 2 Having heard learned counsel for the petitioner and having considered the circumstances, let the petitioner Mankashwar Yadav @ Nankeshwar Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 18 of 2011 subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below would entitle the court concerned to cancel his bail bond and to take him into custody. S.Sb/- (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.