Case Facts:
Patna High Court Cr.Misc. No.13706 of 2012 (2) dt.02-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13706 of 2012 ====================================================== 1. Dinanath Paswan S/O Late Baijnath Paswan R/O Mohalla - Nasriganj Biscuit Factory More, Police Station - Danapur, District - Patna 2. Ramjee Choudhary S/O Mahesh Choudhary R/O Mohalla - Nasriganj Biscuit Factory More, Police Station - Danapur, District - Patna 3. Raju Paswan @ Raju Kumar S/O Ramdeo Paswan R/O Mohalla - Nasriganj Biscuit Factory More, Police Station - Danapur, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 02-04-2012 Heard learned counsel for petitioners and learned counsel for the State. The petitioners seek anticipatory bail in connection with a case instituted for the offence punishable under [STATUTE] . It is submitted on behalf of the petitioners that the petitioners have been named in the first information report merely on suspicion. The police investigated case and submitted final report holding the case to be a ‘mistake of fact’. Further contention is that the victim died due to accidental fall into the well. The learned Magistrate differing with the police report has taken cognizance of the offence. Be that as it may, considering the facts that the police found the case to be false against the petitioners named above let them, in the event of their arrest or surrender within a period of four weeks from the date of receipt/communication of this order, be Patna High Court Cr.Misc. No.13706 of 2012 (2) dt.02-04-2012 released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in connection with Danapur P.S.case No.58 of 2011 subject to the conditions as laid down under section 438(2) Cr.P.C. as also subject to the 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 shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through 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 violate any of the conditions imposed by this court. Md.S./- (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.