Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13627 of 2012 ====================================================== 1. Sanjay Yadav, son of Late Rajendra Yadav. 2. Guddu Mahto @ Kailoo, son of Sri Ram Chandra Mahto @ Prasad. Both are resident of village-Ajnaura, P.S.-Noorsarai, District-Nalanda. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-04-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek anticipatory bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted on behalf of the petitioners that though the petitioners are named in the F.I.R., the police on conclusion of investigation submitted final report showing them to be innocent. The copy of final report has been brought on record and annexed as annexure-2 to the petition, which goes to suggest that the deceased died in an accident by some unknown motor vehicle. Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on Patna High Court Cr.Misc. No.13627 of 2012 (2) dt.02-04-2012 2 / 2 2 bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Ranjan Kumar Mishra, the learned Judicial Magistrate 1st class, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 196 of 2011 subject to the condition as laid down under Section 438(2) Cr. P.C. as also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violates any of the conditions imposed by this Court. Sanjeet/- (Ashwani Kumar Singh, 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.