IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40918 of 2009 1. SHANKAR MAHTO, S/o Ram Autar Mahto 2. Dinesh Mahto, Son of Subedar Mahto 3. Rajesh Mahto, S/o Shankar Mahto 4. Mahesh Mahto, S/o Shankar Mahto All residents of village Narain Tola, Purnahiya Shripur P.S. Ghorsahan, District East Champaran (Motihari) 5. Laxman Patel, S/o Mahabir Patel, R/o village Gandhi Chauk Ghorasahan, P.S. Ghorasahan, District East Champaran at Motihari ….. Petitioners Versus THE STATE OF BIHAR ……… Opp. Party ----------- For the petitioner : Mr. Dhananjay Kumar, Advocate For the State : Mr. Ram Priya Sharan Singh, A.P.P. ------ 2 4.12.2009 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in a case registered under Sections 147/148/149/302 and 120B of the Indian Penal Code. It is submitted on behalf of the petitioners that though the petitioners are named in the first information report but there is direct and specific allegation upon co-accused Bigu Mahto of assaulting the father of the informant by iron rod upon his head causing injury. Shankar Mahto and Sukeshwar Mahto had allegedly thrown bricks 2 upon the father of the informant while he tried to escape. It is stated that the post mortem report suggests only one head injury caused by hard and blunt substance causing the death which obviously was, according to the petitioner, due to assault by co-accused Bigu Mahto. In the facts and the circumstances of the case, the petitioners Shankar Mahto, Dinesh Mahto, Rajesh Mahto, Mahesh Mahto and Laxman Patel are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 110 of 2009. Spd/- (Dr. Ravi Ranjan, J.)