Case Facts:
Patna High Court Cr.Misc. No.35297 of 2011 (3) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35297 of 2011 ====================================================== 1. Nitish Kumar Son of Satyendra Singh Resident Of Village - Keturi, P.S. - Gurua, District - Gaya. At Present Chhotaki Telha, New Colony, P.S. - Delha, District - Gaya. 2. Karu Kumar Son of Satyendra Singh Resident Of Village - Keturi, P.S. - Gurua, District - Gaya. At Present Chhotaki Telha, New Colony, P.S. - Delha, District - Gaya. .... .... Petitioners Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance: For the Petitioners : Mr. Shivendra Prasad For the Opposite Party : Mr. Md. Arif (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03. 01-02-2012 Heard learned counsel the parties. The petitioners herein are in custody in connection with Delha P.S. Case No. 56 of 2011 for offence punishable under [STATUTE] . A decomposed body of the deceased was recovered by the informant who is the Officer In-Charge of Delha Police Station in the district of Gaya. The postmortem report shows death between 2 to 8 days of the recovery of the dead body. Learned counsel for the petitioners submits that the petitioners have been roped in the present case on mere suspicion inasmuch as the deceased Bhola Prasad is said to be Patna High Court Cr.Misc. No.35297 of 2011 (3) dt.01-02-2012 in litigating terms with the brother-in-law of this petitioner, namely, Dilip Raj @ Dilip Paswan and that this petitioner had on earlier occasion accompanied the said Dilip Raj. Learned counsel submits that another suspicion for the alleged occurrence is cast against co-accused Lakho Devi in respect of whom the deceased is said to have prepared a C.D. showing her involvement in ‘Heroin’ smuggling trade. Learned counsel submits that apart from the aforesaid circumstances there is no other circumstance connecting this petitioner with the alleged offence and that even the theory of last seen has been stated by a police spy, the identity of whom has not been disclosed. Regard being had to the circumstances and the submissions of learned counsel, let the petitioners Nitish Kumar and Karu Kumar be released on bail upon each one of them individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Delha P.S. Case No. 56 of 2011. S.Sb/- (Jyoti Saran, 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.