Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30183 of 2011 ====================================================== 1. Sanjeeb Yadav, son of Sushil Yadav. 2. Topi Yadav, son of Banto Yadav. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE AKHILESH CHANDRA) 3 03-02-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Earlier, prayer of petitioner no. 2, namely, Topi Yadav has already been dismissed as withdrawn vide order dated 29.09.2011. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under [STATUTE] . This case instituted against unknown on recovery of unknown male dead body. Petitioners’ name emerged during investigation on identification of the deceased by his father who stated about the involvement of petitioners and others with allegation of taking away the deceased from his house but for two days, he could not return on getting information from newspaper, father of deceased identified and mate statements. Further, it is evident from such application of deceased’s father Patna High Court Cr.Misc. No.30183 of 2011 (3) dt.03-02-2012 2/2 that he had developed some relationship with cousin sister of the petitioner the uncle having some grudge against the deceased and also threatened. This is the basis for suspicion raised against the petitioner. Further submission is that uncle of petitioner under almost similarly situated circumstance has already been granted the privilege by this Court vide order dated 26.07.2011 passed in Cr. Misc. No. 15582 of 2011 and further more petitioner has no criminal antecedent. If, it is so, in the event of his arrest /surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger, in connection with Naya Ram Nagar P.S. Case No. 153 of 2010, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Devendra/- (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.