Lal Bahadur Mahto vs The State Of Bihar on 7 March, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.2301 of 2011
                               LAL BAHADUR MAHTO
                                          Versus
                                THE STATE OF BIHAR

2   07.03.2011

Heard learned counsel for the petitioner as well as learned

Addl. Public Prosecutor for the State.

Petitioner is languishing in jail custody since 24.5.2010 in

connection with Ghanshyampur P.S. Case no.77/2010 initially,

registered under section 307 and other minor sections of the IPC but

subsequently section 302 of the IPC was added.

Allegedly, on account of land dispute, petitioner gave farsa

blow to the informant’s brother namely, Sarjug Mahto as a result of

which aforesaid Sarjug Mahto sustained injury. So far as rest accused

persons are concerned, they assaulted the informant and the deceased

with different weapons.

Although learned Addl. Sessions Judge has observed that

injured Sarjug Mahto has received three incise wounds on his head but

nature of the injury has not been disclosed in the impugned order.

Admittedly, petitioner has not given any blow to the

deceased as per fardbeyan of the informant itself. Although wife of the

deceased subsequently, made statement before the police disclosing

this fact that petitioner had also participated in committing murder of

the deceased but considering the aforesaid facts and circumstances as

well as submissions of the parties, let the petitioner, Lal Bahadur

Mahto 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
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of the Sub divisional Judicial Magistrate, Biraul at Benipur Dist.

Darbhanga in Ghanshyampur P.S. Case no. 77 of 2010.

Shahid                             (Hemant Kumar Srivastava,J.)