Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38329 of 2011 ====================================================== 1. Mukesh Kumar Late Pramod Bhagat @ Parmanand Bhagat, R/o Village- Shivpuri Dhala,P.S.-and District-Saharsa.. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.38414 of 2011 ====================================================== 1. Raju Kumar S/o Bindeshwari Poddar, R/o Village - Shibpuri, Mohalla - Ward No. 14, Police Station And District –Saharsa. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.38329 of 2011) For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP (In Cr.Misc. No.38414 of 2011) For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. S.K.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3. 31-01-2012 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State in the two applications. The petitioners in the two applications are in custody in connection with Saharsa Sadar P.S.Case No.267 Patna High Court Cr.Misc. No.38329 of 2011 (3) dt.31-01-2012 2 of 2011 for offence punishable under [STATUTE] . The first information report was instituted against two persons including the petitioner Raju Kumar of having caused the death of the son of the informant. The involvement of the petitioners herein is on the basis of their confessional statement recorded in the case diary and in which it is stated that whereas the petitioner Mukesh Kumar caught hold of the deceased, co-accused Subesh Kumar pressed his neck until life was driven out of the deceased and during this process, the petitioner Raju Kumar was assaulting him on the chest. The post mortem report present at para-78 of the case diary attributes his death to head injury caused by hard and blunt substance. Learned counsel for the petitioners submits that in either of the situation emanating from the confessional statement or the post mortem report, the petitioners herein are not the persons responsible for the death of the deceased. It is further contended that the petitioners have clean antecedent. Regard being had to the circumstances and the Patna High Court Cr.Misc. No.38329 of 2011 (3) dt.31-01-2012 3 submissions of the learned counsel, let the petitioners (1) Mukesh Kumar and (2) Raju Kumar be released on bail upon each one of them individually 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, Saharsa in connection with Saharsa Sadar P.S.Case No.267 of 2011, subject to the following conditions: (a) That the court concerned, before ordering the release of the petitioners, shall verify their statements regarding their clean antecedent and if the said statement is not found to be correct, the concerned petitioner shall not be released; (b) That one of the close relative of the petitioners shall stand as one of the bailors and who would also file an affidavit indicating his relationship; with the concerned petitioner and shall be under a duty to inform the court below in case the petitioners, after their release in the present case, are found involved in any further criminal case of similar nature and whereupon the court concerned shall be at liberty to Patna High Court Cr.Misc. No.38329 of 2011 (3) dt.31-01-2012 4 cancel the bail bonds of the defaulting petitioner and to take him into to custody (c) that the petitioners shall ensure their representation on each and every date fixed in the case and the failure on the part of the petitioner(s) to ensure his representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the defaulting petitioner and to take him into custody. ahk/- (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.