IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.64 of 2010 BIRENDRA MAHTO @ GIRANI MAHTO Versus STATE OF BIHAR ----------- 2 12.1.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case registered under Section 302 and some of the allied Sections of Indian Penal Code. The informant has alleged that his father was assaulted by the accused persons as a result of which he fell down and, thereafter, the petitioner pressed his chest and Bhajan Mahto assaulted him by Lathi on the stomach and testicles and he became unconscious. Submission is that there was no intention to cause murder and as such no case under Section 302 of Indian Penal Code has been made out. Opposing the prayer for bail of the petitioner, learned counsel for the informant has submitted that the offence is attributed primarily against the petitioner. It appears from the impugned order that Bhajan Mahto has been granted anticipatory bail by this Court on 29.10.2009 passed in Cr.Misc.No.32091/2009. Considering the facts and circumstances, the petitioner, namely, Birendra Mahto @ Girani Mahto is directed to be released on bail on furnishing bail bond of 2 Rs.10,000/-(Ten thousand)with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Khizer Sarai P.S.Case No.115/2009. SKBOSE (Shyam Kishore Sharma)