BAIJNATH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been made accused in connection with Nawadih P.S. case No. 55 of 2014 corresponding to G.R. No. 336 of 2014, S.T. No. 103 of 2015, for the offence under Ss. 302/34 of the Indian Penal Code.

(2.) The case relates to murder of the brother of the informant and it is stated in the F.I.R. that the petitioner is the brother of the local MLA and the brother of the informant was murdered on the orders of the said MLA and he was assaulted by the petitioner and other accused persons, due to which, he ultimately died. Earlier, the bail application of this petitioner was rejected on merits by order dated 6.10.2015 in B.A. No. 5092 of 2015, as it was found that the petitioner along with some other accused persons had brought the deceased from Chennai and had also assaulted the deceased.

(3.) A supplementary affidavit has also been filed, stating that the petitioner's mother has died on 03.12.2015 and her last rites are to be performed on 12th, 13th & 14th of December, 2015. An alternative prayer has been made for grant of provisional bail to the petitioner.