Case Facts:
Patna High Court Cr.Misc. No.38271 of 2011 (4) dt.28-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38271 of 2011 ====================================================== Birendra Kumar Sharma, Son of Shri Nawal Kishore Sharma .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Azad For the Opposite Party/s : Mr. Mukesh Kr. Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 28.3.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] and 27 of the Arms Act. The petitioner was refused bail by an order dated 28.10.2010 vide Cr.Misc.No.31395 of 2010 since there was an allegation against him of having fired at the deceased. Subsequently Dharmendra Kumar alias Bharat, who was the informant of the present case, was himself made an accused by the Police Officers since during investigation some material transpired against him that he being the beneficiary of the proceeds of the deceased had himself killed the deceased and implicated the petitioner. A First Information Report was instituted in this regard and he has also been charge sheeted now. In view of such subsequent development, let the petitioner above named, who has fair antecedents, be Patna High Court Cr.Misc. No.38271 of 2011 (4) dt.28-03-2012 released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge 1st, Danapur in connection with Sessions Trial No.190 of 2011 arising out of Naubatpur P.S. Case No.32 of 2009, subject to the conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. Narendra/ ( Anjana Prakash, 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.