Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22330 of 2012 ====================================================== Kamlesh Yadav, Son of Late Ram Dash Yadav. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 17-07-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner, who is languishing in custody, seeks bail in a case registered under [STATUTE] , is one of the named accused in this case of assault in a petty dispute resulting into death of uncle of the informant. Submission is of false implication, delayed institution of the case and so long the deceased was alive during alleged treatment by private doctor and no information was given to any authority and also in the autopsy, the doctor find no external injuries. Further, submission is that under almost similarly situated circumstance, other co-accused have already been granted the privilege under Section 438(2) of the Code of Criminal Procedure vide order dated 26.04.2012 passed in Cr. Misc. No. 15685/2012 by a Bench of this Court. Further, petitioner has no criminal antecedent. If it is so, having regard to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna High Court Cr.Misc. No.22330 of 2012 (3) dt.17-07-2012 2 / 2 2 Aurangabad, in connection with Kasma P.S. Case No. 01/2012, subject to condition to remain physically present before the court below on each and every date till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. 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.