Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18570 of 2012 ====================================================== Naresh Choudhary S/O Late Baleshwar Choudhary @ Balo Choudhary Resident Of Village- Mustafapur, P.S.- Giriak, District- Nalanda. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2 28-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner seeks bail in Giriak P.S. Case No. 168 of 2011 registered for the offence under [STATUTE] dated 8.11.11. Learned counsel for the petitioner submits that there are no eye witnesses to the alleged occurrence and only on suspicion the petitioner has been made an accused. It is further submitted that even as per the F.I.R. the reason for the incident is that petitioner along with another co-accused wanted the deceased to disclose the name of the person who had stolen the fishing net belonging to the petitioner. It is stated that in the F.I.R. the only allegation is that the petitioner had called the deceased and later on Patna High Court Cr.Misc. No.18570 of 2012 (2) dt.28-05-2012 2 / 2 2 his dead body was recovered. Learned counsel submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court on 15.5.2012 in Cr. Misc. No. 14973 of 2012. A web copy of the order has been produced before this Court. Let the same be kept on record. Learned A.P.P. for the State submits that the petitioner was instrumental in calling the deceased and petitioner and another co-accused were forcing him to disclose who had stolen the fishing net. It is thus submitted that petitioner does not deserve bail. Considering the facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Giriak P.S. Case No. 168 of 2011. This application stands disposed off. sudip/- (Ahsanuddin Amanullah, 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.