Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44474 of 2011 ====================================================== 1. Binod Sah Son Of Late Hawaldar Sah Resident Of Village - Gawandari, P.S. - Taraiya, District - Saran (Chapra). 2. Jitendra Sah son of Shipahi Sah resident of village Gawandari P.S. Taraiya Distt.Saran (Chapra) .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 23-01-2012 Heard learned counsel for the parties. The petitioners are in custody in connection with Taraiya P.S. Case No. 93 of 2010 for the offence punishable under [STATUTE] . The petitioners are not named in the F.I.R. rather their names have transpired on the basis of a re-statement made by the informant as found in paragraph 20 of the case diary alleging suspected involvement of these petitioners in the alleged crime in which younger brother of the informant had been taken away by the five named accused and next day his dead body was found. Learned counsel for the petitioner with reference to an order of this Court passed in Cr.Misc.No.11963 of 2011 placed at Annexure-2 submits that a Bench of this Court considering the circumstances was pleased to grant bail to two of the named accused and the case of the petitioners stands on same and similar footing. Regard being had to the submissions of learned counsel, let the petitioners namely, Binod Sah and Jitendra Sah be released on bail upon each of them furnishing individual bail bond of Rs. 10,000/- with two Patna High Court Cr.Misc. No.44474 of 2011 (2) dt.23-01-2012 2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Taraiya P.S. Case No. 93 of 2010 subject to conditions (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. 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.