IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12051 of 2009 RAM ASHRAY MAHTO Versus STATE OF BIHAR ----------- 3 27.07.2009 Heard learned counsels for the petitioner, informant and State. Sole petitioner has approached this court seeking bail in a case instituted under Sections 147,148,149, 323, 324, 307 and 302 of the Penal Code. As per allegation in the F.I.R., petitioner along with four others named in the F.I.R., armed with iron rod, ‘farsa’, ‘Bhujali’ and ‘lathi’ arrived and started assaulting the father of the informant. It is alleged that co-accused Mukesh initially inflicted a ‘farsa’ blow on the head of the father of the informant which hit him on head. It is further alleged that co-accused Rajesh Mahto gave a ‘Bhujali’ blow which again hit the head of the father of the informant. Thereafter, it is alleged that petitioner assaulted with iron rod followed by assault by means of ‘lathi’ by other co-accuseds. Learned counsel for the petitioner submits that deceased received 03 injuries on his person. One of them was found on head and two others were on the non-vital parts. It is further contended that post mortem report, thus, does not support the manner of occurrence as alleged in the F.I.R. Learned counsel for the petitioner thereafter drew attention of the court to 2 the averments made in paragraph no14, wherefrom, it appears that co-accused Sukhlal Mahto and Sumanti Devi, who are/were assigned lathi blows have since been privileged with bail by this court. It appears that petitioner is in custody since 23.07.2008. In the facts and circumstances of the case, petitioner named above, is directed to 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 Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti P.S.Case no. 142 of 2008. Sym/ (Kishore K. Mandal, J.)