Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40352 of 2011 ====================================================== 1. Birendra Singh S/O Late Ram Janam Singh Village Faraura, P.S. Agiaon Bazar, District Bhojpur 2. Tuntun Rai S/O Visu Rai Village Faraura, P.S. Agiaon Bazar, District Bhojpur .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== 3 18-01-2012 Heard learned counsel appearing on behalf of the petitioners, learned counsel for the State and learned counsel for the informant who appears to oppose the bail. Learned counsel for the petitioners submits that by reason of a typographical error occurring in paragraph 17 of the application in the second line thereof, the word ‘petitioner’ has been typed in place of the word ‘informant’ and which he seeks to modify during the course of the day. He is permitted to do so. The petitioners are in custody in connection with Agiaon Bazar P.S. Case No. 09 of 2011 for offence punishable under [STATUTE] and Section 27 of the Arms Act. The F.I.R. in a general manner charges the accused persons named therein including the present petitioners of running away from the place from where the uncle of the informant was found Patna High Court Cr.Misc. No.40352 of 2011 (3) dt.18-01-2012 2/2 shot dead. Learned counsel for the petitioners submits that on the allegation that these petitioners were seen running away from the place from where the informant heard a shot fired and his uncle found dead by gun shot injury, that they have been taken into custody. It is submitted that there is no specific overt act alleged against any of these petitioners. The prayer is contested by learned counsel for the State and learned counsel appearing on behalf of the informant submitting that the occurrence is an outcome of a civil dispute between the parties and that the petitioners have criminal antecedents. Having heard learned counsel for the parties and taking into consideration the circumstances set forth by learned counsel for the petitioners, let the petitioners Birendra Singh and Tuntun Rai be released on bail upon each one of them individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Agiaon P.S. Case No. 09 of 2011. S.Sb/- (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.