IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42464 of 2010
GANESH MAHTO SON OF LATE SHIVSHANKAR MAHTO
Versus
STATE OF BIHAR
2 22.12.2010
Heard both sides.
Petitioner seeks bail in a case instituted under diverse
sections of Indian Penal Code including Section 307 IPC.
As per allegation in the First Information Report, he is
said to have assaulted by lathi on his elbow causing some
injury. This is what the petitioner has stated in paragraph 9 :
“9. That, as regard the allegation against the
petitioner it would be clear from the F.I.R. that he
simply gave a Lathi blow on the right elbow of the
informant as also on the right hand of the son of
the informant but both the injuries were simple in
nature, the injury alleged to have been sustained
by the informant and his son were not on the vital
part of the body so offence under section 307 has
not been attracted.”
Learned counsel for the petitioner, referring to
Annexure-2, submits that because of the aforesaid complaint
having been lodged by the petitioner with the authority, he has
been named in the present case with certain allegations. It is
next submitted that allegation of commission of theft, in the
facts and circumstances of the case, seems to be ornamental. It
is next contended that he is in custody since 17.9.2010.
In the facts and circumstances of the case, let
petitioner above named be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
-2-
Magistrate, Jehanabad in connection with Makhdumpur P.S.
case no. 243/2010 subject to the condition that one of the
bailers will be own/close family member of the petitioner.
pkj (Kishore K. Mandal, J)