Hira Lal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49352 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- TERHAGACHH District- Kishanganj ====================================================== 1.

HIRA LAL MAHTO, Son of Late Soman Mahto, 2.

Deepak Mahto, Son of Hira Lal Mahto, both Resident of Village - Fulbaria, P.S.- Terhagachh, Dist.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 16-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Terhagachh P.S. Case No.35 of 2019 instituted for the offence under Section(s) 302/34 Indian Penal Code.

It is alleged in the written report that total 18 accused persons including petitioners and unknown persons assaulted father of the informant with lathi, danda on account of which he died on the spot.

Postmortem report is enclosed as Annexure-2, wherein, doctor has found only one injury on the person of deceased i.e. on right knee.

Counsel for the petitioner further submits that co-

Patna High Court CR. MISC. No.49352 of 2019(2) dt.16-08-2019 2/2 accused, Kapil Mahto, has already been granted regular bail by co-ordinate Bench of this Court by order dated 09.08.2019 passed in Cr. Misc. No.49595 of 2019.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Terhagachh P.S. Case No.35 of 2019, subject to the condition that both the bailors shall be close relative of the petitioners. (Sanjay Priya, J) J. Alam/- U T