High Court Patna High Court - Orders

Munarik Mahto &Amp; Ors vs State Of Bihar on 13 September, 2010

Patna High Court – Orders
Munarik Mahto &Amp; Ors vs State Of Bihar on 13 September, 2010
                       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 .
                                                  -----------

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Accordingly, this application is dismissed as withdrawn as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