Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46366 of 2012 ====================================================== 1. Dr. Kabindra Prasad son of late Suryadeo Prasad, resident of village- Maffa, P.S. Atari, District Gaya. 2. Haribansh Prasad son of late Ram Chandra Mahto, resident of village- Jethauna, P.S. Khudaganj, District Nalanda. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhileshwar Dayal, Adv. For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 17-12-2012 Heard. In a criminal prosecution registered under [STATUTE] , the petitioners are not named in the FIR as accused. Learned counsel for the petitioners submits that only material against both the petitioners is that they have been named by a co-accused in his confessional statement recorded by the police during the course of investigation. It is highlighted that for the occurrence in question originally Unnatural Death Case No. 2 of 2011 dated 07.09.2011 was registered, but subsequently, the present FIR vide Annexure-1 was lodged. By referring to Annexures 2 and 3 it is further highlighted that co-accused Sunil Kumar and Shankar Mahto, with almost similar and identical allegation, have already been granted bail by different Benches of this Court. Patna High Court Cr.Misc. No.46366 of 2012 (2) dt.17-12-2012 2/2 In the facts and circumstances of the case, the prayer for bail is allowed. Let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each in connection with Khudaganj P.S. Case No. 75 of 2011 dated 07.11.2011 to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, District Nalanda. BTiwary/- (Birendra Prasad Verma, 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.