IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42464 of 2010 GANESH MAHTO SON OF LATE SHIVSHANKAR MAHTO Versus STATE OF BIHAR 2 22.12.2010 Heard both sides. Petitioner seeks bail in a case instituted under diverse sections of Indian Penal Code including Section 307 IPC. As per allegation in the First Information Report, he is said to have assaulted by lathi on his elbow causing some injury. This is what the petitioner has stated in paragraph 9 : “9. That, as regard the allegation against the petitioner it would be clear from the F.I.R. that he simply gave a Lathi blow on the right elbow of the informant as also on the right hand of the son of the informant but both the injuries were simple in nature, the injury alleged to have been sustained by the informant and his son were not on the vital part of the body so offence under section 307 has not been attracted.” Learned counsel for the petitioner, referring to Annexure-2, submits that because of the aforesaid complaint having been lodged by the petitioner with the authority, he has been named in the present case with certain allegations. It is next submitted that allegation of commission of theft, in the facts and circumstances of the case, seems to be ornamental. It is next contended that he is in custody since 17.9.2010. In the facts and circumstances of the case, let petitioner above named 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 learned Chief Judicial - 2 - Magistrate, Jehanabad in connection with Makhdumpur P.S. case no. 243/2010 subject to the condition that one of the bailers will be own/close family member of the petitioner. pkj (Kishore K. Mandal, J)