Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5509 of 2012 ====================================================== 1. Pawan Paswan S/O Late Ramesrya Paswan Resident Of Village- Ranisarai, P.S.- Bakhtiyarpur, District- Patna 2. Bhulla Paswan S/O Pawan Paswan Resident Of Village- Ranisarai, P.S.- Bakhtiyarpur, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-02-2012 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 24.09.2011 in a case registered for the offences punishable under [STATUTE] . It is alleged against petitioner no. 1 to have assaulted with a piece of bamboo to the informant’s husband and petitioner no. 2 with the chain of the bicycle. It is also alleged against petitioner no. 1 to have made assault with a bamboo on the leg and then sat on the chest of the deceased. The post- mortem report reflects two external injury, one on the occipital region 1”x 1/2”x muscle deep and other is abrasion on the left lower leg. It appears that the doctor was not convinced that the injuries were sufficient enough to cause death, hence with regard to cause of the death the opinion was reserved till the Patna High Court Cr.Misc. No.5509 of 2012 (2) dt.28-02-2012 2/2 receipt of the forensic report. It is submitted by learned senior counsel for the petitioners that the victim was alcoholic and that was the reason for his death, since the petitioners were on inimical term with the deceased they have been implicated in the present case. Considering the fact that post-mortem report not corroborating the manner of the occurrence as alleged in the first information report and the investigation being complete, let the above named petitioners, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, District - Patna in connection with Bakhtiyarpur P.S. Case No. 245 of 2011. DKS/ (Dinesh 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.