Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 3174 of 2012 1. Chhote Raut, Son of Late Tapeshwar Rout. 2. Bablu Raut, Son of Chhote Raut. Both Resident of Mestar Tola, Ward No. 5, P. S. & District – Sitamarhi. ...... Petitioners. Versus The State of Bihar ..... Opp. Party. ---------------------------------- 02/ 23.01.2012 Heard learned Counsel for the petitioners and the State. This is a petition for grant of regular bail for the offence under [STATUTE] . The only material in the fardbeyan is that the petitioners were last seen with the deceased. It is alleged that the petitioners came, called the deceased and deceased went away with the petitioners. Learned counsel for the petitioners submits that except the last seen, there is no other material and the Additional District and Sessions Judge has referred the various paragraphs of the case diary in his order that Ashit Rai has seen the accused fleeing away from the place of occurrence. It appears that the accused persons were seen fleeing away from the place of occurrence. However, the other circumstance is mentioned neither there is any mentioned that any one has seen the occurrence. The petitioners are in jail since 23.08.2011. The charge-sheet has been submitted. Hence, having regard to the facts and circumstances of the case, that there is no direct evidence against the petitioners, the above named petitioners are directed to be released on bail on 2 furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A. D. J./F.T.C. 3rd, Sitamarhi in connection with Sessions Trial No. 552 of 2011 (arising out of Sitamarhi P. S. Case No. 451 of 2011. Kundan (Gopal Prasad, 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.