Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41592 of 2011 ====================================================== Nathuni Mahto, S/o Brahamdeo Mahto, resident of Village- Harpur Aloth, P.S.- Musrigharari, District- Samastipur .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.654 of 2012 ====================================================== Chandeshwar Das, S/o Gopi Das, resident of Village- Lagunia Raghukanth, Police Station Samastipur (M), District Samastipur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.41592 of 2011) For the Petitioner/s : Mr. Amitabh Bhardwaj, Advocate For the Opposite Party/s : Mr. Madhura Nand, APP (In Cr.Misc. No.654 of 2012) For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 14-03-2012 Heard the parties. The petitioners herein are in custody in connection with Musrigharari P.S. Case No.11 of 2011 for the offences punishable under [STATUTE] . Whereas the petitioner Nathuni Mahto has been charged with assaulting the deceased husband of the informant by means of a knife, the other petitioner, namely, Chandeshwar Das has been charged with assaulting him with the stick and bricks and also of relieving the deceased of Rs.5,000/-. Learned counsel for the petitioner submits that from the FIR Patna High Court Cr.Misc. No.41592 of 2011 (3) dt.14-03-2012 2 itself it is explicit that there is an unexplained delay in institution thereof inasmuch as that the occurrence is said to have taken place on 1.1.2011, the FIR was instituted on 6.2.2011. It is further stated that following the altercation the deceased suffered injury. He was initially admitted to Sadar Hospital Samastipur from where he was referred to Patna Medical College and Hospital and whereafter he was discharged after treatment and the death took place thereafter. It is submitted that the postmortem report further does not attribute any knife injury on the person of the deceased. It is stated that the charge-sheet has been submitted under [STATUTE] . Regard being had to the circumstances, the submission of learned counsel and the materials on record, let the petitioners, namely, Nathuni Mahto and Chandeshwar Das be released on bail upon each of them furnishing bail bonds of Rs.10,000 (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No.11 of 2011 subject to the condition that the petitioners shall ensure their representation before the court below on each and every date fixed in the case and failure on the part of the petitioner(s) to ensure his/their representation on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel the bail bonds of the defaulting petitioner(s) and to take him/them into custody. SKPathak/- (Jyoti Saran, 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.