Lal Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9088 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Lal Babu Mahto S/o Rajaram Mahto, R/o Village- Korbadha, P.S.- Mufassil, District- Samastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. R.B.Roy Raman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 302/34 of the Indian Penal Code.

The informant alleged that he got information that his brother Manoj Rai met with an accident and he was lying in a hospital. The informant found his brother dead in the hospital. Dr. Mahesh Mahto and Lal Babu Mahto (the petitioner) disclosed that the deceased met with an accident in front of the Primary Health Centre, Belari. It is further alleged that the wife of the deceased disclosed that Dr. Mahesh Mahto called his brother and the deceased had some altercations with Dr. Mahesh Mahto and Lal Babu Mahto.

It appears that the informant is not an eye witness of the occurrence. Only suspicion is raised that the petitioner and Dr.

Patna High Court Cr.Misc. No.9088 of 2015 (2) dt.04-03-2015 2/2 Mahesh Mahto might have killed the brother of the informant. Having considered the fact that except suspicion there is no material to show that the petitioner killed the brother of the informant, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in Ujjiyarpur P.S. Case No. 02 of 2015.

(Prabhat Kumar Jha, J) Dilip/- U T