Rajesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8232 of 2015 Arising Out of PS.Case No. -352 Year- 2014 Thana -MAJHAULIA District- WESTCHAMPARAN(BETTIAH) ====================================================== Rajesh Mahto S/o Sh. Hiralal Mahto Resident of Village Gora Semra, Police Station Majhaulia, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-04-2015 Heard both sides.

The petitioner seeks bail in Majhaulia P.S. Case No. 352 of 2014, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The informant named six persons and alleged that when he reached towards the sound raised by his brother he saw Ramdhari Mahto and Hiralal Mahto were catching the leg of his brother (Deepak Kumar) and Tapeshwar Mahto and Rajesh Mahto (the petitioner) were catching his hand and Vijay Mahto and Ramsakal Mahto were assaulting him with sticks. It is submitted that the petitioner is not the assailant of the deceased even from the post-mortem report it appears that Deepak Kumar got as many as five injuries which are bruise and

Patna High Court Cr.Misc. No.8232 of 2015 (3) dt.21-04-2015 2/2 abrasion. The doctor has also opined that ante-mortem injuries were not sufficient to cause death.

On the other hand, learned counsel for the informant as well as learned Additional P.P. has submitted that the witnesses have stated that the petitioner also assaulted the deceased Deepak Kumar.

Having considered the facts that the first version in the FIR is, petitioner was catching the hand of the deceased Deepak Kumar and Vijay Kumar and Ramsakal Mahto assaulted Deepak Kumar with stick. Five injuries were found on the body of the deceased but all the injuries were superficial and the doctor has also opined the injury not sufficient to cause death, the petitioner above named 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 to the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case no. 352 of 2014.

(Prabhat Kumar Jha, J.) Rakhi/- U T