Ram Sagar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21337 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== RAM SAGAR MAHTO, son of late Deeplal Mahto, Resident of Village - Kansar, Ward No. 9, P.S.- Belsand, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Belsand P.S. Case No.181 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code.
Counsel for the petitioner submits that petitioner is own uncle of the informant. There is land dispute between the parties.
It is alleged on that on the date of occurrence petitioner and other family members assaulted his father on account of which he sustained injury on his head and subsequently died in the hospital during treatment. Postmortem report has been enclosed as Annexure-2 in which only one injury has been found on the head. There is
Patna High Court CR. MISC. No.21337 of 2019(2) dt.29-05-2019 2/2 allegation that four persons assaulted the deceased. It is not attributed in the First Information Report as to who caused the single injury as found in the postmortem report. Petitioner is in custody since 11.11.2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 of the Additional Sessions Judge-V, Sitamarhi, in connection with S. Tr. No.53 of 2019 arising out of Belsand P.S. Case No.181 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T