Case Facts:
Patna High Court Cr.Misc. No.27677 of 2011 (3) dt.06-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27677 of 2011 ====================================================== Subedar Mistri .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 06-02-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is an accused in a case registered under [STATUTE] , 27 of the Arms Act and 17 of C.L.A. Act. There is specific allegation against the petitioner that he opened fire on the deceased, Satendra Singh and as a result of aforesaid firing, the deceased, Satendra Singh sustained firearm injury on his back. It is further case of the prosecution that prior to firing made by this petitioner, one co-accused, namely, Ganauri Yadav had opened fire which hit the chest of the deceased, Satendra Singh. Learned counsel for the petitioner drew my attention towards Para-49, page-45 of the case diary and submitted that post-mortem report of the deceased, Satendra Singh reflects that deceased had not received any firearm injury on his back rather Patna High Court Cr.Misc. No.27677 of 2011 (3) dt.06-02-2012 only one firearm injury was found on his person. It is further submitted by him that one co-accused, namely, Gora Yadav, against whom there is specific allegation of firing and the aforesaid allegation is corroborated by the post-mortem report, has already been granted privilege of bail by this Court vide order dated 17.12.2008 passed in Cr. Misc. No. 36217 of 2008 and so far as petitioner is concerned, the only fault of the petitioner is that he could be arrested after seven years of the alleged occurrence for which he has sufficiently been punished by remaining in jail custody since long. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that only one firearm injury has been found on the person of the deceased, Satendra Singh, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court-II, Gaya in connection with Sessions Trial No. 170 of 2010 arising out of Konch P.S. Case No. 48 of 2004. SHAHZAD/- (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.