Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22276 of 2012 ====================================================== 1. Sanjay Mahto S/O Sri Ram Awadh Mahto R/O Vill-Sarawan Tola, P.S.- Natwar, Distt-Rohtas 2. Pramod Mahto S/O Sri Ramashray Mahto R/O Vill-Sarawan Tola, P.S.- Natwar, Distt-Rohtas 3. Suresh Mahto S/O Sri Kunwar Mahto R/O Vill-Sarawan Tola, P.S.- Natwar, Distt-Rohtas 4. Ashok Mahto S/O Sri Guru Charan Mahto R/O Vill-Sarawan Tola, P.S.- Natwar, Distt-Rohtas 5. Bipin Mahto S/O Sri Shastri Mahto R/O Vill-Sarawan Tola, P.S.-Natwar, Distt-Rohtas 6. Devendra Mahto S/O Sri Jodha Mahto R/O Vill-Sarawan Tola, P.S.- Natwar, Distt-Rohtas 7. Sri Bhagwan Mahto S/O Late Ram Naresh Singh R/O Vill-Sarawan Tola, P.S.-Natwar, Distt-Rohtas .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Zaimul Abidin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] . It is contended that earlier Natwar P.S. Case No. 66 of 2010 was registered against the petitioners under Section Patna High Court Cr.Misc. No.22276 of 2012 (2) dt.14-06-2012 2 / 4 2 302/34 of the Indian Penal Code and Section 27 of the Arms Act. In the said case only a wild suspicion was raised against the petitioners. The police investigated the case and found the same to be true under [STATUTE] and section 27 of the Arms Act but the petitioners were found innocent. They were not sent up for trial. The final report submitted by the police was accepted by the court. The case thereafter proceeded on the basis of the protest petition which was treated as complainant. Pursuant to enquiry being conducted under section 202 of the Code of Criminal Procedure cognizance has been taken against the petitioners and that is why the petitioners apprehend their arrest. It is sated that save and except hypothetical presumption and wild suspicion there is absolutely no material against the petitioners in the present case. Police which is statutory body to investigate a case upon investigation found the petitioners to be innocent. Be that as it may, considering the facts and circumstances of the case, let the abovenamed petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on Patna High Court Cr.Misc. No.22276 of 2012 (2) dt.14-06-2012 3 / 4 3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bikramganj Rohtas in connection with Complaint Case No.567 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also on the following conditions: (i) That both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority. (iii) That they shall remain present before the court on the dates fixed for hearing of the case. If they wants to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, they will immediately inform the court and request that they may be permitted to be present through the counsel. (iv) That liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions Patna High Court Cr.Misc. No.22276 of 2012 (2) dt.14-06-2012 4 / 4 4 imposed by this Court. Vinay/- (Ashwani Kumar Singh, 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.