IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.852 of 2011
Thaga Mahto
Versus
The State Of Bihar
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2. 27.7.2011 This appeal shall be heard along with Cr. Appeal
No. 784 of 2001(S.J.) in which the lower court records have
already been called for.
As regards the prayer for bail of the appellant, the
contention is that it is true that the appellant is said to have dealt
a farsa blow on the head of the deceased but the Doctor did not
find any sharp cutting weapon and opined that the injury which
caused the death had been caused by hard and blunt substance.
On this count the appellant appears convicted under Section 304
of the Indian Penal Code and has been directed to serve out a
sentence of rigorous imprisonment for ten years.
Regard being had to the anomaly pointed out by
learned counsel for the appellant, let the appellant, namely,
Thaga Mahto be directed to be released, during pendency of this
appeal, on furnishing a bond of Rs. 10,000/-(ten thousand) with
two sureties of the like amount each to the satisfaction of the
trial court, i.e., Additional Sessions Judge, Fast Track Court No.
IV, Sitamarhi, in Sessions Trial No. 111 of 2002.
As regards the sentence of fine, realisation of the
same against the present appellant shall remain stayed till further
orders.
Kanth ( Dharnidhar Jha, J.)