Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41621 of 2012 ====================================================== 1. Md. Gauhar @ Munna @ Khalilullah Gauhar 2. Md. Kalam @ Md. Abul Kalam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-10-2012 Heard learned counsels for the petitioners and the State. The petitioners’ earlier anticipatory bail application was disposed of on 25.06.2012 with a direction to pray for regular bail in a case registered for the offences punishable under [STATUTE] and 27 of the Arms Act. The accusation of firing was against Abu Fateh causing injury to the husband of the informant, who subsequently succumbed to the injuries. During investigation the petitioners were not sent up for trial but differing with the final form the cognizance has been taken on 13.10.2011. The earlier anticipatory bail application of the petitioners was disposed of only on the ground that Patna High Court Cr.Misc. No.41621 of 2012 (2) dt.17-10-2012 2/2 the case was instituted in 2000, but considering the fact that the cognizance has been taken in 2011 other accused Md. Abu Fateh has been granted anticipatory bail vide Cr. Misc. No. 32657 of 2012. In the circumstances, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saharsa in connection with Salkhua P.S. Case No. 64 of 2000, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The learned court below will be at liberty to cancel the bail bonds of the petitioners in case they default on three consecutive occasions. 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.