IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2301 of 2011 LAL BAHADUR MAHTO Versus THE STATE OF BIHAR 2 07.03.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is languishing in jail custody since 24.5.2010 in connection with Ghanshyampur P.S. Case no.77/2010 initially, registered under section 307 and other minor sections of the IPC but subsequently section 302 of the IPC was added. Allegedly, on account of land dispute, petitioner gave farsa blow to the informant’s brother namely, Sarjug Mahto as a result of which aforesaid Sarjug Mahto sustained injury. So far as rest accused persons are concerned, they assaulted the informant and the deceased with different weapons. Although learned Addl. Sessions Judge has observed that injured Sarjug Mahto has received three incise wounds on his head but nature of the injury has not been disclosed in the impugned order. Admittedly, petitioner has not given any blow to the deceased as per fardbeyan of the informant itself. Although wife of the deceased subsequently, made statement before the police disclosing this fact that petitioner had also participated in committing murder of the deceased but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Lal Bahadur Mahto 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 - 2 - of the Sub divisional Judicial Magistrate, Biraul at Benipur Dist. Darbhanga in Ghanshyampur P.S. Case no. 77 of 2010. Shahid (Hemant Kumar Srivastava,J.)