Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44899 of 2012 ====================================================== 1. Naresh Mahton, son of late Sita Ram Mahton. 2. Rijhan Mahton, son of late Khuba Mahton. (both are residents of village-Tarwa Mangarpal, P.S.-Dariyapur, District- Saran) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 07-11-2012 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in Dariyapur P.S. Case No.11 of 2005 registered for the offence punishable under [STATUTE] . It is submitted that there is no specific allegation against the petitioners. According to the allegation, he is only the member of mob. He has further submitted that prior to the occurrence, the deceased Tribhuwan Mandal was abusing the co-villagers and was challenging them not to vote in the general election of Vidhan Sabha of 2004 and one of the villagers was going to poll his vote he was assaulted by the deceased. Thereafter, the co-villager became angry and he was thrashed by them. The petitioners have been falsely implicated in this case. There is no allegation of overt act against them. Learned counsel for the State could not controvert the Patna High Court Cr.Misc. No.44899 of 2012 (2) dt.07-11-2012 2 contention of the learned counsel for the petitioners while opposing their prayer for bail. Considering the facts and circumstances of this case, the above-named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in Dariyapur P.S. Case No.11 of 2005 with the following conditions: 1. One of the bailors will be the close relative of the petitioners. 2. The petitioners will not indulge in similar or in any other offence. 3. The petitioners will be well represented in the court. 4. In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the concerned court and they will be taken into custody. V.K. Pandey/- (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.