IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10440 of 2009 ***** Lakshman Mahto son of late Sahadi Mahto, resident of village- Paura, Police Station-Sarai, District-Vaishali. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 9.7.2009. Heard learned counsel for the petitioner, learned counsel representing the informant and the learned A.P.P. for the State. Petitioner is one of the accused persons in Sarai P.S. Case No.88 of 2008 for an offence under Section 307 which was converted into 302 subsequently and other similarly substantive sections of the Indian Penal Code. Allegation made in the F.I.R. is that certain altercation took place over demand and refund of money, which was taken by one Shambhu Mahto, since the said person expressed his inability to pay back immediately, altercation took place which resulted into a full-fledged fight in which an injury was caused on the deceased which is said to have been caused by a farsa blow, which resulted in his subsequent death at Patna Medical College and Hospital, Patna. Contention of learned counsel for the petitioner is that in the F.I.R. which has been which has been lodged about the incident all the family members have been made an accused and so far as the present petitioner is concerned it is stated that he assaulted some persons with lathi. There is no allegation that the petitioner was the person who assaulted with farsa, which caused the death. Though learned counsel for the informant submits that during course of investigation the son of the deceased has made a statement before the police that it is the petitioner - 2 - who was the author of that incident but learned counsel for the petitioner thereafter submits that the counsel’s client was one of the persons, who has put his signature on the F.I.R. which was registered against all the accused persons and at that point of time this allegation was not made, therefore, it is a case of trying to improve upon the case and the incident, may be, as an afterthought. There seems to be some reflection in this regard with regard to the submission made on behalf of the petitioner in that circumstance the benefit at this stage will accrue to the petitioner. Looking at the allegation made in the F.I.R., let the petitioner, namely, Lakshman Mahto, be enlarged on bail on his furnishing bail bond in the sum of Rs.20,000/- with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sarai P.S. Case No.88 of 2008 with a direction that the petitioner will cooperate in trial and shall not abscond from law. Pawan/- (Ajay Kumar Tripathi, J.)