Case Facts:
Patna High Court Cr.Misc. No.45853 of 2012 (2) dt.26-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 45853 of 2012 ====================================================== 1. Pappu Mishra & 2. Shyam Kishore Mishra. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 26-11-2012 Heard learned counsel for the petitioners and learned counsel for the State. This is a petition for grant of regular bail in a case under [STATUTE] as well as Section 27 of the Arms Act. There is specific allegation that Pappu Mishra, Prabhu Mishra, Shyam Kishore Mishra and Bhart Mishra fired on Kapil Dubey as a result of which he succumbed to injury. Learned counsel for the petitioners submits that out of the aforesaid four persons having similar allegation, two have been granted bail by a Bench of this Court vide orders dated 17.07.2012 and 12.11.2003 passed in Cr. Misc. Nos. 23420 of 2012 and 18330 of 2003. It has further been contended that earlier though the charge-sheet was submitted and cognizance was taken but subsequently the case has been withdrawn after submission of the final form. However, subsequently the case Patna High Court Cr.Misc. No.45853 of 2012 (2) dt.26-11-2012 was initiated after an order was passed in revision. Hence, having regard to the facts and circumstances of the case and in order to maintain parity as the two persons have been granted bail, the petitioners above named are ordered to 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 the learned Sub-Divisional Judicial Magistrate, Sadar, Motihari, District – East Champaran in connection with Trial No. 3003 of 2012 arising out of Dumariaghat P. S. Case No. 02 of 2001, subject to the condition that the petitioners shall appear in the case on each and every date fixed by the learned court below and any absence of the petitioners shall be subject to the satisfaction of the court below on reasonable grounds and further any absence of the petitioners on two consecutive dates shall itself be a ground for cancellation of bail bonds of the petitioners. Kundan/- (Gopal Prasad, 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.