Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40874 of 2011 ====================================================== 1. Sabid Mian @ Sabir Mian, S/o Ish Mohamad Miyan. 2. Ayub Siddique, son of Tahir Mian. Both are residents of Village-Sibrawar Mahuawan, P.S. - Chautarwa, District- West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. A.K. Sharma, Advocate For the Opposite Party/s : Mr. T.P. Mandal, APP For the Informant : Mr. Bashishth Narain Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 16-02-2012 Heard learned counsel appearing on behalf of the petitioners, the learned Additional Public Prosecutor appearing for the State and Mr. Bashishth Narain Mishra, learned counsel appearing on behalf of the informant. The petitioners are in custody in connection with Chautarwa P.S. Case No.93 of 2011 for the offences punishable under [STATUTE] . Learned counsel for the petitioners with reference to the allegation set out in the FIR submits that the allegations set out thereunder charges all the eight accused in generalised manner of having assaulted the father of the informant causing grievous injury. The father of the informant subsequently during the course of treatment succumbed to the injuries. The postmortem report is placed at Annexure-2 of this application which attributes three injuries on the person of the deceased. Learned counsel thus submits that in absence of any specific over act against any of the petitioners they continue to remain in custody. Patna High Court Cr.Misc. No.40874 of 2011 (3) dt.16-02-2012 2 The prayer has been opposed by learned counsel for the informant and the learned Additional Public Prosecutor submitting that the action of the accused has resulted in death of one person. Having heard learned counsel for the parties and having perused the materials on record and considering the submissions, let the petitioners, namely, Sabid Mian @ Sabir Mian and Ayub Siddique 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 Additional Chief Judicial Magistrate, Bagaha, District- West Champaran in connection with Chautarwa P.S. Case no.93 of 2011. 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.