Case Facts:
Patna High Court Cr.Misc. No.16831 of 2012 (2) dt.23-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16831 of 2012 ====================================================== 1. Md. Mustaque Alam @ Tabbu & 2. Md. Raju @ Raju. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 23-04-2012 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under [STATUTE] . It is contended that son of the informant, namely, Nafis Ahmad had died in a road accident for which Station Diary Entry No.19 of 2012 was registered and subsequently a false case has been instituted by the informant under [STATUTE] . Admittedly, there is no eye witness to the occurrence. Referring to the case diary as discussed in the order passed by the court below, it is contended that the postmortem report shows that the cause of death was head injury by hard and blunt substance. Witnesses to the inquest have stated that the victim got injuries in a road accident. Some other witnesses have also stated in course of investigation that the victim met with an accident, as a result of which both the victim and the petitioner Md. Mustaque Alam @ Patna High Court Cr.Misc. No.16831 of 2012 (2) dt.23-04-2012 Tabbu were injured and they were taken to hospital by police. The injured Nafis Ahmad succumbed to the injuries whereas the petitioner Md. Mustaque Alam @ Tabbu was discharged after first aid from the hospital. Considering the facts and circumstances of the case, the petitioners are directed to be released on bail on their executing a bond with two solvent sureties, each in a sum of Rs. 10,000/- (Ten Thousand only) to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No.49 of 2012 on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they will take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through their counsel. (iv) That liberty is Patna High Court Cr.Misc. No.16831 of 2012 (2) dt.23-04-2012 given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this Court. B.Kr./- (Ashwani 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.