Case Facts:
Patna High Court Cr.Misc. No.8358 of 2012 (4) dt.26-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8358 of 2012 ====================================================== 1. Shambhu Sahni S/O Shatrughna Sahni 2. Suraj Sahni S/O Ramashish Sahni .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 26-07-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 21.12.2011 in a case which has been registered against four named accused for the offence punishable under [STATUTE] . Petitioners are not named in the first information report but in course of investigation first information report named accused Pabitra Sahni was arrested and he confessed his guilt disclosing this fact that petitioners had also participated in the alleged crime. It would further appear that in course of investigation statements of Bina Devi, Shanti Devi and Samudri Devi were recorded and all the aforesaid witnesses claimed to have seen the petitioners committing the alleged crime. Learned counsel for the petitioners submits that Patna High Court Cr.Misc. No.8358 of 2012 (4) dt.26-07-2012 witness Bina Devi is wife of first information report named accused Bhujungi Sahni and similarly, witness Samudri Devi is mother of above stated first information report named accused Bhujungi Sahni. So, their statements are not reliable. It is further contended by him that had the petitioners participated in the alleged crime they would have certainly been named by the informant in his first information report. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 15 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.