Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43721 of 2012 ====================================================== 1. Vijay Das @ Bijay Das 2. Ram Sharan Das Both sons of Gholu Das. Both residents of village- Amarpur, P.S.- Bihpur, District Bhagalpur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 08-11-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners are accused for the offence punishable under [STATUTE] and 27 of the Arms Act as well as Section 3(2) (V) of the S. C. & S. T. (P.O.A.) Act. It appears that there is specific allegation against Ghutar Mishra @ Pawan Kumar Mishra that he opened fire upon the husband of the informant resulting into his death. So far the petitioners and others are concerned they are the members of unlawful assembly. It is submitted that in the similar facts and circumstances co-accused Nanhi Das has been granted bail by this Court vide order dated 1.3.2012 in Cr. Misc. No. 8785 of 2012. Learned counsel for the State could not controvert the contention of the petitioners while opposing their prayer. Patna High Court Cr.Misc. No.43721 of 2012 (2) dt.08-11-2012 2 Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum- Special Judge, Bhagalpur in Sessions Case No. 89 of 2012 arising out of Bihpur P. S. Case No. 145 of 2011 with following conditions:- (i) The petitioners will not indulge themselves in similar or any other offence. (ii) One of the bailors must be the close relative of the petitioners. (iii) The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned. Kanchan/- (Amaresh Kumar Lal, 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.