Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5404 of 2012 ====================================================== Sakir Mian, S/o Mainuddin Mian, resident of Village- Akhirwa Tola, P.S.- Raxaul, District- East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Tiwari, Advocate For the Opposite Party/s : Mr. P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 15-02-2012 Heard the parties. The petitioner is in custody in connection with Raxaul P.S. Case No.58 of 2009 for the offences punishable under [STATUTE] . Following the altercation between the accused and the informant’s family, an assault was made by this petitioner on the head of the uncle of the informant by iron rod, leaving him injured. The uncle of the informant succumbed to the injuries after two days, during the course of treatment. It is submitted that the petitioner is in custody since 11.11.2009. The prayer of this petitioner was earlier considered and rejected in Cr. Misc. No.30890 of 2010 vide order passed on 19.08.2010. Considering the custodial period, let the petitioner, Patna High Court Cr.Misc. No.5404 of 2012 (2) dt.15-02-2012 2 namely, Sakir Mian 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 the learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Raxaul P.S. Case No.58 of 2009 subject to the condition that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the petitioner and to take him into custody. SKPathak/- (Jyoti Saran, 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.