Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5497 of 2012 ====================================================== 1. Sunil Kumar Garai S/O Sri Jibachh Garai Resident Of Village- Bajitpur, P.S.- Manigachi, District- Darbhanga. 2. Anil Kumar Garai S/O Sri Jibachh Garai Resident Of Village- Bajitpur, P.S.- Manigachi, District- Darbhanga. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 27-02-2012 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 14.04.2011 and 03.06.2011 respectively in a case registered for the offences punishable under [STATUTE] . It is alleged that one Jibachh Garai informed on telephone that the informant’s nephew met with an accident when the informant found the victim dead on the road. Though the accusation was levelled against the petitioners but it appears that during investigation on the statement of Sunil Kumar Garai the rod was recovered which was used for killing the victim. It is submitted by learned counsel for the petitioners that the mother of the victim subsequently filed a petition before Patna High Court Cr.Misc. No.5497 of 2012 (2) dt.27-02-2012 2/2 Sub-divisional Magistrate that her son died in road accident. Admittedly as per the informant he is not eye witness to the occurrence. Considering the circumstantial nature of accusation, let the above named petitioners, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 76 of 2011. DKS/ (Dinesh 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.