Case Facts:
Patna High Court Cr.Misc. No.14682 of 2012 (4) dt.04-06-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14682 of 2012 ====================================================== 1. Manoj Mukhiya, S/O Bindeshwar Mukhiya, resident of Village- Bishanpur Ghanshayam, P.S.- Balua Bazar, District- Supaul. 2. Manoj Mukhiya, S/O Late Laxmi Mukhiya @ Jhauli, resident of Village - Bishanpur Ghanshayam, P.S.- Balua Bazar, District- Supaul. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 4 04-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under [STATUTE] . Learned counsel for the petitioners submits that the only allegation against the petitioners is that they were the friends of the deceased and at their instance the deceased went with them to celebrate the birth of his son but he never returned and his dead body was found lying near the bridge with multiple injuries. Learned counsel for the petitioners further submits that there is no witness of the alleged offence and apart from the informant there is no other witness who could depose that the deceased went to celebrate along with the petitioners. Learned counsel for the petitioners avers that admittedly the deceased was a drunkard and few days back he was also engaged in some liquor Patna High Court Cr.Misc. No.14682 of 2012 (4) dt.04-06-2012 2 occurrence due to which other persons inimical to him could have committed some act or the deceased being admittedly drunken could have fallen from any height as the injuries mentioned in the post mortem report shows that he died due to injuries caused by hard blunt substances on the limbs only. Learned counsel for the petitioners submits that there could be no reason for the petitioners to assault the deceased as even according to the informant they were friends. Furthermore, the petitioners have got no criminal antecedents. In the aforesaid facts and circumstances, this petition is allowed. Let petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Birpur in connection with Birpur P.S. Case No. 128 of 2011. Md. Ibrarul/- (S.N. Hussain, 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.