Case Facts:
Patna High Court Cr.Misc. No.21811 of 2012 (4) dt.16-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21811 of 2012 ====================================================== 1. Krishna Pandey S/O Shiv Nath Pandey .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21906 of 2012 ====================================================== 1. Prabhu Pandey S/O Late Kapil Pandey .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 16-08-2012 Both the above stated petitions arise out of Madhaura P.S. Case No. 258 of 2011 registered under [STATUTE] and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsels for the petitioners as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioners are named in the first information report but a general allegation of assault has been levelled against the petitioners in the statement of the informant. In course of Patna High Court Cr.Misc. No.21811 of 2012 (4) dt.16-08-2012 investigation, the statements of witnesses were recorded but almost all the witnesses have made general allegation of assault against the petitioners and others except two witnesses whose statements were recorded at para 20 and 21 of the case diary. The aforesaid two witnesses stated that at the time of alleged occurrence, petitioner in Cr. Misc. No. 21811 of 2012 was carrying bhala in his hand whereas petitioner in Cr. Misc. No. 21906 of 2012 was carrying lathi in his hand and both the petitioners were assaulting the deceased with their respective weapons. Learned counsel appearing in Cr. Misc. No. 21811 of 2012 submits that the post mortem report of the deceased reveals that there was no bhala injury on the person of the deceased and moreover, prior to the alleged occurrence, petitioner had filed criminal case against the informant and deceased and he was not an accused in the case in which allegedly, informant and deceased had gone to depose. Learned counsel appearing in Cr. Misc. No. 21906 of 2012 submits that no lathi injury has been found on the person of the deceased and almost all the injuries are said to be caused by sharp cutting weapons. It is further contended by him that no doubt, the prayer for bail of co-accused Paras Nath Pandey has Patna High Court Cr.Misc. No.21811 of 2012 (4) dt.16-08-2012 been rejected by another Bench of this Court but the case of the petitioner is on better footing and as a matter of fact, the factum of post mortem report was not placed before the another Bench at the time of consideration of bail petition of co-accused, Paras Nath Pandey. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No. 258 of 2011. SHAHZAD/- (Hemant Kumar Srivastava, 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.