Case Facts:
Patna High Court Cr.Misc. No.44559 of 2012 (2) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44559 of 2012 ====================================================== 1. Md. Gyaru son of Md. Jalal 2. Md. Piyaru son of Md. Daini .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 14-12-2012 Heard Mr. Shiwesh Chandra Mishra, learned counsel for the petitioners and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State. The petitioner is in custody since 18.07.2012. in connection with Mojahidpur (Babarganj) P.S. Case No. 197 of 2010 registered for the offence punishable under [STATUTE] , Section 27 of the Arms Act and Section 3/4 of the Explosive Substance Act. Learned counsel for the petitioners at the very outset refers to an order passed by this Court dated 11.06.2012 passed in Cr. Misc. No. 15684 of 2012 contends that other co-accused persons, namely, Daini and Md. Ekram has been granted bail. He further submits that another co-accused Md. Firoz has also been granted bail by this court vide order dated 21.06.2012 passed in Cr. Misc. No. 22131 of 2012. Learned counsel for the petitioners submits Patna High Court Cr.Misc. No.44559 of 2012 (2) dt.14-12-2012 that the petitioner’s case is on similar footing and prays for grant of regular bail. He also submits that there is no allegation of any overtact so far as this petitioner is concerned and the only allegation against him is that he was also a member of the mob. In view of the above, let the petitioners Md. Gyaru and Md. Piyaru, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur (Babarganj) P. S. Case No. 197 of 2010. Saif/- (Chakradhari Sharan Singh, 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.