Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15838 of 2012 ====================================================== Baban Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 01-05-2012 Petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that five named and five to seven unknown persons dragged the victim and committed murder. It is submitted by learned senior counsel for the petitioner that after alleged occurrence the investigating officer received telephonic information when he reached to the P.O. at 8:30 P.M. and found the dead body of the deceased lying on a cot in front of the house of one of the co-accused. The investigating officer prepared the inquest report and thereafter fardbeyan was recorded on 11:30 P.M. It is submitted that family members of the deceased were present at the time of preparation of inquest but none of the family members of the deceased named the assailant rather they disclosed that Patna High Court Cr.Misc. No.15838 of 2012 (2) dt.01-05-2012 2 / 3 2 deceased was kidnapped and murdered. It is further submitted that during investigation the statement of Dharmendra Prasad was recorded and the aforesaid Dharmendra Prasad specifically alleged that some naxalites committed the occurrence. The aforesaid statement was further corroborated by another witness who was later on made accused. It is further submitted that the police seized two motorcycles from the place and in course of investigation it came to light that one of the motorcycles belong to one Laxmi Yadav and the aforesaid Laxmi Yadav also stated the involvement of naxalites in the present crime. The postmortem report reflects two firearm injuries received by the victim, hence it is submitted that as per F.I.R. none seen the actual assailant of the deceased and considering the discrepancy in registration of F.I.R. subsequent to the proceeding of the investigation other accused persons have been granted regular bail vide Cr. Misc. No. 5795 of 2010 and other analogous cases. It is submitted on behalf of the informant that all the accused persons including the petitioner conveyed to the other and they killed the victim. I see no reason for learned Court below not to give the same privilege to the petitioner, if the petitioner surrenders within a period of six weeks in connection with Nabinagar P.S. Case No. 171 of 2011, pending in the Court of learned Chief Judicial Magistrate, Aurangabad. Patna High Court Cr.Misc. No.15838 of 2012 (2) dt.01-05-2012 3 / 3 3 With the observations above, the application stands disposed off. Let the order of this Court be transmitted through FAX to the learned Court below at the cost of the petitioner. Shageer/- (Dinesh Kumar Singh, 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.