Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40805 of 2011 ====================================================== Beyas Koiri S/O Sheetal Mahto R/O Village - Barwat Parsain, P.S. Muffasil Bettiah, District - West Champaran .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 14-02-2012 Heard the parties. The petitioner is in custody in connection with Motihari Town P.S. Case No. 371 of 2004, Trial No. 2582 of 2011 for offence punishable under [STATUTE] and Section 27 of the Arms Act. The allegation as set out in the F.I.R. charges unnamed accused of abduction of the President of the Pratappur Sugar Mill located at Pratappur in the district of Uttar Pradesh. In the process the driver and a person Vishambhar Nath Tiwary who was accompanying the President of the Sugar Mill were done to death. Subsequently, the victim was recovered. The name of the petitioner has transpired during the course of investigation by reason of his antecedent. Learned counsel for the petitioner submits that apart from the fact that the petitioner is an accused in a case of abduction of an Engineer of the National Thermal Power Corporation, there is no other material connecting him to the present case and the petitioner was taken into custody on 23.3.2011. Regard being had to the submission of learned counsel, let the Patna High Court Cr.Misc. No.40805 of 2011 (3) dt.14-02-2012 2 petitioner Beyas Koiri be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 371 of 2004, Trial No. 2582 of 2011 subject to the following conditions: (i) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates fixed for such purpose and delays the trial in any manner, his bail bonds will be liable to be cancelled for reasons of misuse; and (ii) That the petitioner shall ensure his representation before the court below on each and every date fixed in the case and the failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel his bail bonds and to take him into custody. S.Sb/- (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.