Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20166 of 2012 ====================================================== 1. Pinku Mahto S/O Shankar Mahto Resident Of Village- Lalbathani, Kargil Tola, P.S.- Mufassil, District- Sahebganj 2. Sunil Mahto S/O Shankar Mahto Resident Of Village- Lalbathani, Kargil Tola, P.S.- Mufassil, District- Sahebganj 3. Shankar Matho S/O Late Laxman Mahto Resident Of Village- Lalbathani, Kargil Tola, P.S.- Mufassil, District- Sahebganj .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 31-05-2012. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners seek bail in Manihari P.S. Case No. 176 of 2011 registered for offence punishable under [STATUTE] . Learned counsel for the petitioners submits that though they are named in the F.I.R. but the allegation connecting them to the crime is false and unbelievable. It is submitted that the informant, who is the brother of the deceased, has stated that his brother was having liquor with two other named co-accused and not the petitioners. However, it is further stated that when he was coming back, he heard the petitioners talking among Patna High Court Cr.Misc. No.20166 of 2012 (2) dt.31-05-2012 2 themselves that they were going to kill his brother who is the deceased. The date of occurrence is 2.11.2011 but the F.I.R. has been lodged on 8.11.2011. Learned counsel submits that there being no explanation for the delay, there is no material or reason given why the petitioners would commit the crime. Learned counsel submits that there is absolutely no material to connect these petitioners to the crime. It is further submitted that the petitioners have clean antecedent and are in custody since 16.2.2012. Learned A.P.P. for the State submits that the petitioners are named in the F.I.R. and are alleged to have been discussing with regard to killing the deceased and therefore they do not deserve the privilege of bail. Upon hearing learned counsel for the parties and considering the facts and circumstances of the case, the abovenamed petitioners are directed to 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 the Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 176 of 2011. ahk/- (Ahsanuddin Amanullah, 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.