Bhola Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80096 of 2018 Arising Out of PS. Case No.-200 Year-2018 Thana- FALKA District- Katihar ====================================================== Bhola Mahaldar S/o Late Mahadeo Mahaldar Resident of village- Mohjan, P.S.-Falka, District- Katihar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Jha For the Opposite Party/s :
Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Falka P.S. case no. 200 of 2018 instituted for the offence under Section 302 of the Indian Penal Code.
Learned counsel for petitioner submits that petitioner is 70 years old man. He has been implicated in this case due to land dispute.
In the written report, it is alleged that, on the date of occurrence, date was fixed for measurement of land. It is further alleged that at 6 AM in the morning while wife of the informant was holding his three months old son in her lap, this petitioner after snatching the boy from her lap threw him on the ground on account of which he died.
Patna High Court Cr.Misc. No.80096 of 2018(2) dt.24-01-2019 2/2 Learned counsel for petitioner annexed photo copy of the postmortem report of son of informant in which doctor has mentioned the cause of death to be hemorrhagic shock due to injuries caused by hard and blunt substance Petitioner is in custody since 4.9.2018.
From the written report, it appears that there is admitted land dispute between the parties.
Considering the aforesaid, 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 ACJM-V, Katihar, in connection with Falka P.S. case no. 200 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T