Case Facts:
Patna High Court Cr.Misc. No.38506 of 2011 (3) dt.01-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38506 of 2011 ====================================================== Arvind Sahani & Anr .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.44544 of 2011 ====================================================== Pramod Sahani & Anr .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 03/ 01.02.2012 Supplementary affidavit is filed on behalf of the petitioners in Cr. Misc. no. 38506/2011. Both the above stated cases arise out of Bakhri P.S. case no. 144/2011 registered under [STATUTE] and, accordingly, both the above stated cases are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Allegedly, petitioners and other co-accused mercilessly assaulted the deceased with fists and slaps as the deceased was not ready to withdraw the case which had been filed by his daughter against the petitioners and others. Learned counsels appearing for the petitioners submit that Patna High Court Cr.Misc. No.38506 of 2011 (3) dt.01-02-2012 having more or less similar allegation one co–accused Panchu Sahani @ Pancham Sahani has already been granted privilege of bail by another bench of this court vide order dated 30.11.2011 passed in Cr. Misc. no. 40313/2011. It is further contended by him that there was no intention of petitioners to commit murder of the deceased and as per prosecution case itself at the time of alleged occurrence, petitioners were unarmed. Learned counsel for the informant vehemently opposed the prayer submitting that it is the brutal killing of the deceased and, as a matter of fact, petitioners mercilessly assaulted the deceased resulting in his death. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that having more or less similar allegation one co–accused Panchu Sahani @ Pancham Sahani has already been granted privilege of bail and no specific overt-act has been attributed towards petitioners, let the petitioners, Arvind Sahani, Mohan Sahani, Pramod Sahani and Manoj Sahani, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Bakhri P.S. Case no. 144/2011. Shahid Hassan (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.