IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27954 of 2010
1. MUNARIK MAHTO son of late Faguni Mahto
2. Ram Pati Mahto son of late Faguni Mahto
3. Brahmdeo Mahto son of late Laxman Mahto
4. Dharamdeo Mahto son of late Laxman Mahto
5. Shailendra Mahto @ Lalendra son of Munarik Mahto
6. Vijendra Mahto son of Dharamdeo Mahto
7. Ashok Mahto son of Brahamdeo Mahto -------------------Petitioners.
Versus
STATE OF BIHAR .
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2. 13.9.2010 Learned counsel for the petitioners submits that he wants
to withdraw this application as against petitioner no.3 as police has
already arrested him.
Accordingly, this application is dismissed as withdrawn as
against petitioner no.3.
Heard learned counsel for the petitioners and the State.
Land dispute is there in between the parties. Accused
persons including these petitioners have been alleged for causing
assault to the deceased and others by means of lathi and danda but
number of injuries are only three. Injury no.1 is on head and injury
nos.2 and 3 are on chest. Injury no.1 on head is shown fatal but by
whom is not specified. Injury nos.2 and 3 are specified to be caused
by Ram Lakhan Mahto and Ramashraya Mahto. Both are arrested.
One of the co-accused persons Basant Mahto is allowed bail by this
Court though in regular side. Age of the deceased is 75 years.
Having regard to the facts and circumstances of the case,
in the event of arrest or surrender within a period of one month from
the date of receipt/production of a copy of this order, above named
petitioner nos. 1,2 and 4 to 7 shall be released on bail on furnishing
2
bail bond of Rs.10,000/- each with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate,
Aurangabad(Bihar) in connection with Mali P.S. case no.25 of 2010
subject to the conditions as laid down under section 438(2) of the
Code of Criminal Procedure.
( Mandhata Singh, J.)
Sudip