Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12229 of 2012 ====================================================== 1.Tinku Kumar, S/o Mahendra Prasad Verma, 2. Sandeep Kumar, S/o Santosh Prasad, R/o Mohalla-Salempur, P.S.-Barh, District-Patna. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 21-03-2012 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners seek bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted that initially a U.D. Case was instituted. In course of inquiry of the U.D. case, a substantial police case was registered in which apart from others the petitioners were also made named accused. The police investigated the case and submitted charge sheet in which the petitioners and two others were not sent up for trial. The learned Magistrate differing with the police report took cognizance of the offence against petitioners also. It is further submitted that co-accused Chottu @ Sanjiv Kumar who was sent up for trial by the police has already been granted bail by order dated 8.12.2011 passed in Cr. Misc. No. 40983 of 2011 by another Bench of this Court and co-accused Mahendra Prasad Verma has also been granted bail by order dated 13.3.2012 passed in Cr. Misc. No. 9423 of 2012. Patna High Court Cr.Misc. No.12229 of 2012 (2) dt.21-03-2012 2 / 2 2 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 A.C.J.M., Barh in connection with Barh P.S. Case No. 378 of 2009 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 the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violates any of the conditions imposed by this Court. Sanjeet/- (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.