Case Facts:
Patna High Court Cr.Misc. No.16602 of 2012 (5) dt.23-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16602 of 2012 ====================================================== Chhote Manjhi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17013 of 2012 ====================================================== 1. Binod Manjhi & 2. Kapilelshwar Manjhi .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 23-08-2012 Both the above stated petitions originate from Darbhanga Sadar (Mabi OP) P.S. Case no.375/2010 registered under [STATUTE] and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant. Petitioners are named in the first information report with allegation that they assaulted the deceased with different weapons. Learned counsel for the petitioners submits that there is specific allegation of giving farsa blow on the lip of the deceased against the petitioner in Cr. Misc. no. 16602/2012 whereas no specific allegation of assault has been levelled against petitioners in Cr. Misc. no. 17013/2012. Learned counsel for the petitioners further submits that dispute took place on account of a petty issue and there was no intention Patna High Court Cr.Misc. No.16602 of 2012 (5) dt.23-08-2012 of the petitioners to commit murder of the deceased but unfortunately, in course of the aforesaid occurrence, deceased sustained fatal injury and died in course of his treatment. On the other hand, learned counsel for the informant points out that having more or less similar allegation prayer for bail of co- accused Baleshwar Manjhi and Darshan Manjhi have already been rejected by another bench of this court. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioners on bail, at least, at this stage. Accordingly, their prayer for bail in connection with Sessions trial no. 519/2011 arising out of Darbhanga Sadar (Mabi OP) P.S. Case no.375/2010 is rejected. However, the learned trial court is directed to expedite the trial of the petitioners and try to conclude the same within nine months from the date of receipt of this order. It is made clear that if the trial of the petitioners is not concluded within the above stated period of nine months, the petitioners may renew their prayer for bail before the learned trial court itself. Shahid/- (Hemant Kumar Srivastava, 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.