Mantun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31316 of 2015 Arising Out of PS.Case No. -263 Year- 2013 Thana -BIHTA District- PATNA ======================================================

1. Mantun Mahto son of Hira Lal Mahto resident of Mohalla - Shrirampur Tola, Police Station - Bihta, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Nirmal Kumar Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. At paragraph-7 of the case diary, one eye witness namely, Jitendra Kumar claims that petitioner, having armed with brick and co-accused, Bhola, having armed with iron rod assaulted the deceased, causing injury on his head but the doctor found only one injury on the head of the deceased. The doctor opined that cause of death of the deceased was head injury but it is not clear as to who is the author of aforesaid head injury out of aforesaid two persons.

Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection

Patna High Court Cr.Misc. No.31316 of 2015 (3) dt.15-10-2015 2/2 with Bihta P.S. Case No. 263 of 2013 corresponding to Sessions Trial No. 313 of 2015 to the satisfaction learned Additional Sessions Judge-III, Danapur.

(Hemant Kumar Srivastava, J) A.K.V./- U T