Case Facts:
Patna High Court Cr.Misc. No.41489 of 2012 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41489 of 2012 ====================================================== Durgesh Kumar Sharma .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41682 of 2012 ====================================================== Sheo Shankar Sharma @ Dhuran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 14.12.2012 Both the above stated petitions arise out of Shastri Nagar P.S. Case no. 323/2011 registered under [STATUTE] and, accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are not named in the first information report and it appears that they were arrested in connection with Shastri Nagar P.S. Case no. 66/2012 and pistol as well as .38 bore cartridges were recovered from the possession of these petitioners. The aforesaid pistol and cartridges were sent to Forensic Science Laboratory for chemical examination. Similarly, pillets taken out from the body of the deceased as well as seized from the place of the occurrence were also sent to Forensic Science Laboratory for chemical examination. After examination of pistol as well as above stated pillets, Analyst Patna High Court Cr.Misc. No.41489 of 2012 (3) dt.14-12-2012 came to the conclusion that pistol recovered from the possession of these petitioners had been used in committing the murder of the deceased. Apart from this, in course of investigation, it also came to light that tower location of mobile which had been seized from the possession of these petitioners was near the place of the occurrence. The contention on behalf of the petitioners is that the aforesaid FSL examination has been done after six months of alleged occurrence and even if it is assumed that seized pistol had been used in committing the murder of the deceased, then also, there is nothing on record to show that it were the petitioners who used the aforesaid fire arm at the time of alleged occurrence and so far as tower location of mobile is concerned, only on the basis of the aforesaid fact, it can not be said that the petitioners had participated in alleged crime. On the other hand, learned Addl. Public Prosecutor opposed the prayer submitting that very strong circumstantial evidence has been collected by the Investigating officer against these petitioners. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, Durgesh Kumar Sharma and Sheo Shankar Sharma @ Dhuran, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Ist Addl. Sessions Judge, Patna in Sessions trial no. 463/2012 arising out of Shastri Nagar P.S. Case no. 323/2011. Shahid (Hemant Kumar Srivastava,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.