Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43390 of 2011 ====================================================== 1. Kailash Paswan, S/o Hirdi Paswan. 2. Uma Paswan, S/o Bishwanath Paswan. Both are residents of Village- Khora, P.S. - Uda Kishunganj District Madhepura. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Binod Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 08-02-2012 Heard the parties. The petitioners are in custody in connection with Uda Kishunganj P.S. Case No.87 of 2010 for the offences punishable under [STATUTE] and section 27 of the Arms Act. The allegation as set out in the FIR is that the husband of the informant on suffering gun-shot injury informed his wife, who is informant of the present case, that these petitioners along with some others named in the FIR had caused gun-shot injury. The husband of the informant after being treated locally was taken to Sadar Hospital, Madhepura when he succumbed to the injuries. Learned counsel for the petitioners with reference to the statement of the informant as found in paragraph 8 and those Patna High Court Cr.Misc. No.43390 of 2011 (3) dt.08-02-2012 2 of the brother and nephew of the deceased mentioned in paragraphs 9 and 10 of the case diary submits that in none of the statement recorded in the case diary mentions the name of these petitioners who have been roped by mere suspicion. It is also submitted that the petitioners have clean antecedent and that the deceased had a shady past. Considering the submissions of learned counsel and having perused the materials on record, let the petitioners, namely, Kailash Paswan and Uma Paswan be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Uda Kishunganj P.S. Case No.87 of 2010. 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.