Case Facts:
Patna High Court Cr.Misc. No.38164 of 2012 (2) dt.15-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38164 of 2012 ====================================================== 1. Manoj Mahto @ Mahton S/O Raghunandan Mahto 2. Anant Mahto @ Mahton S/O Rajendra Mahto 3. Raghu Nandan Mahto @ Mahton S/O Late Mahabir Mahto .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 15-10-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 26.03.2012 in a case registered under [STATUTE] . The allegation against the petitioners is that they along with other first information report named accused as well as twenty to twenty five unknown persons mercilessly assaulted the deceased and other persons. The contention on behalf of the petitioners is that no specific overt-act has been attributed against the petitioners and having similar allegation, co-accused Brahmdeo Mahto has already been granted privilege of bail by another Bench of this Court vide order dated 24.08.2012 passed in Cr. Misc. No. 31793 of 2012. Patna High Court Cr.Misc. No.38164 of 2012 (2) dt.15-10-2012 Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that having similar allegation co-accused has already been granted privilege of bail, 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 Ad hoc Additional Sessions Judge-I, Banka in connection with Sessions Trial No. 823 of 2012 arising out of Amarpur P.S. Case No. 61 of 2012. 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.