IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1421 of 2010 MUKURDHUN MAHTO S/O Late Dwakarika Mahto, resident of Village- Chintomanpur, P.S. Shikarpur, District- West Champaran Versus STATE OF BIHAR ----------- 03 15-03-2010 Heard Mr. Yogesh Chandra Verma, learned Sr. counsel for the petitioner, Mr. Zainul Abedin, learned counsel for the informant and the learned A.P.P. for the State. The petitioner, who is in custody in connection with Shikarpur P.S. Case No.134 of 2009 for offences under Section 302 and other allied Sections of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner, while pressing this bail petition, submits that there is no specific allegation against the petitioner and there was also land dispute in between the family of the petitioner and the informant. On those grounds, he has made a prayer for grant of bail. Learned counsel for the informant opposes the prayer for bail, which is being supported by the learned A.P.P. for the State. He submits that in this case the - 2 - petitioner is a main assailant, who gave an iron- rod blow on the head of Sitaram Mahto who after receiving injury fell down on the ground and, thereafter this petitioner ordered other accused persons to assault them. In the said occurrence besides Sitaram Mahto, one another person, namely, Kashi Mahto succumbed to the injuries while he was being treated in the hospital and one another person having received serious injuries also remained in hospital for several days. Considering the fact that the petitioner is the main assailant, I am not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. NKS/- ( Rakesh Kumar, J)