Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44913 of 2011 ====================================================== 1. Bahadur Sah @ Lal Bahadur Sah 2. Bir Bahadur Sah @ Bidur Sah Both son of Late Algu Sah resident of village- Baruhi, Police Station-Sahar, District-Bhojpur .... .... Petitioners Versus 1. The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 10-02-2012 Heard learned counsel for the parties. The petitioners are in custody in connection with Sahar P.S. Case No. 46 of 2011 for the offences punishable under [STATUTE] . The petitioners have been charged for causing the death of the maternal nephew of the informant. It is alleged that the deceased had earlier informed the informant on 28.06.2011 that when he had gone to pick up wood these petitioners have assaulted the deceased maternal nephew of the informant. The maternal nephew of the informant again went to collect the wood on the following day i.e. 29.06.2011 but did not return and an information was received by the informant from one Sheo Kumar Chaudhary that his maternal nephew was lying in a seriously injured condition. It is alleged that when the informant along with the said Sheo Kumar Chaudhary and one Kashi Chaudhary went near his nephew, he found him in a severely injured condition and who informed him that these petitioners have assaulted him on charge of committing theft. Learned counsel for the petitioners submits that the role Patna High Court Cr.Misc. No.44913 of 2011 (3) dt.10-02-2012 2 attributed to these petitioners in the F.I.R. is an afterthought of the informant in the light of the complaint made by the deceased on 28.06.2011. With reference to the statement of the said Sheo Kumar Chaudhary recorded at paragraph 40 of the case diary it is stated that though this informant has stated that he went near his maternal nephew along with the said Sheo Kumar Chaudhary and when his nephew informed him about the assault by these petitioners but a perusal of the statement made by the Sheo Kumar Chaudhary does not confirm the position rather it is stated that the deceased was in unconscious position when he was seen by him. It is further stated that the injured having been brought home in the night of 29.06.2011, the F.I.R. has been instituted after an unexplained delay on the following day i.e 30.6.2011, at 6.30 P.M., without there being any attempt to get any medical aid to the injured or to inform the police. Considering the submissions of learned counsel and having perused the materials on record, let the petitioners namely, Bahadur Sah @ Lal Bahadur Sah and Bir Bahadur Sah alias Bidur Sah be released on bail upon each of them furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Sahar P.S. Case No. 46 of 2011. Bibhash/- (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.