High Court Patna High Court - Orders

Mahendra Dharkar &Amp; Anr vs State Of Bihar on 2 July, 2010

Patna High Court – Orders
Mahendra Dharkar &Amp; Anr vs State Of Bihar on 2 July, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Cr.Misc. No.22022 of 2010
          1. MAHENDRA DHARKAR, son of late Adhin Dharkar,
             resident of village-Bhatgama, P.S.-Narpatganj,
             District-Araria
          2. Lutan Dharkar, son of Aghanu Dharkar, resident of
             village-Laxmipur, P.S.-Simraha, District-Araria
                             Versus
                         STATE OF BIHAR
                          -----------

2 02.07.2010 Heard learned counsel appearing on behalf

of the petitioners and learned counsel

appearing on behalf of the State.

The petitioners are in custody in

connection with Forbesganj (Simraha) P.S. No.

383 of 2007 for offences punishable under

Sections 341, 447, 324, 307, 504/34 of the

Indian Penal Code.

Learned counsel for the petitioners

with reference to the allegations set out in

the F.I.R. submits that in absence of any

manner of assault attributed to either of these

petitioners, no case under Section 307 is made

out against them. He further submits that the

only role assigned to this petitioner is of

accompanying with Tirhu Dharkar who is alleged

to have assaulted the informant by means of a

knife.

Considering the circumstances and

submissions of learned counsel for the
2

petitioners, let the petitioners namely,

Mahendra Dharkar and Lutan Dharkar be released

on bail upon each of them furnishing individual

bail bonds of Rs. 10,000/- with two sureties of

the like amount to the satisfaction of learned

Chief Judicial Magistrate, Araria in connection

with Forbesganj (Simraha) P.S. case No. 283 of

2007.

Bibhash                              ( Jyoti Saran, J.)