IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.611 of 2009 JIYA LAL MAHTO S/O CHARITAR MAHTO, R/O VILLAGE- GAMHARIYA KHURD, P.S.- ADAPUR, DISTRICT- EAST CHAMPARAN Versus STATE OF BIHAR ----------- 3 13/04/2009 Heard learned counsel for the petitioner, learned counsel representing the State and informant. The petitioner seeks bail in a case which has been registered under sections 323, 302/34 of the Indian Penal Code. Six persons are named as accused. Allegation is that the informant’s father was assaulted by the petitioner on his head. Sushinder Mahto assaulted Sunil Mahto by lathi. Sikander Mahto assaulted Subhash Mahto. Submission is that on the date and time of occurrence the petitioner has also received injury. There is case and counter case. It was a case of free fight and death was on account of negligence of informant’s side. There is no explanation about the injury of the petitioner. The deceased was having three injuries and not one as alleged in the FIR. Prayer for bail has been opposed by the learned APP assisted by the learned counsel for the informant. Considering the facts and circumstances of the case, the petitioner Jiya Lal Matho is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 5th Additional Sessions Judge, East Champaran, Motihari in S. Tr. 2 No. 458 of 2008 arising out of Adapur P.S. Case No. 05 of 2008. avin (Shyam Kishore Sharma, J.)