High Court Patna High Court - Orders

Md.Dablu &Amp; Ors vs State Of Bihar on 2 July, 2010

Patna High Court – Orders
Md.Dablu &Amp; Ors vs State Of Bihar on 2 July, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.22067 of 2010
               1. MD.SAMIM @ MD.SHAMIM
               2. Md. Alim
                              Versus
                         THE STATE OF BIHAR
                           with
                   Cr.Misc. No.22166 of 2010

                  1.    Md.DABLU
                  2.    Md. Ijhar
                  3.    Md. Shaukat
                  4.    Md. Pappu
                                   Versus
                             STATE OF BIHAR
                                -----------

2. 02.7.2010. 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 Khagaria (Mufassil) P.S.Case No.69 of 2010

(G.R.No.301 of 2010) for offence punishable under

Section 302/34 of the Indian Penal Code.

Substance of allegation against all these

petitioners is of assaulting the driver of the

vehicle who had caused injury to the daughter of Md.

Shamim during a marriage ceremony in his house.

Learned counsel for the petitioners submits

that the allegation against all these petitioners

are omnibus and general in nature and none has been

attributed with any specific overt act. It is

submitted that by reason of the injury caused to the

daughter of Md. Shamim, all the persons present at
2

the spot, at a spur of the moment, assaulted the

driver who later succumbed to the injuries.

Taking into consideration the circumstances

and the submissions of the learned counsel for the

petitioners, let petitioner no.(1) Md. Samim alias

Md. Shamim, (2) Md. Alim, (3) Md. Dablu,(4) Md.

Ijhar, (5) Md. Shaukat and (6) Md. Pappu, be

released on bail upon each one of them individually

furnishing bail bonds of Rs.10,000/- (ten thousand)

with two sureties of the like amount each to the

satisfaction of Chief Judicial Magistrate, Khagaria

in connection with Khagaria (Mufassil) P.S.Case

No.69 of 2010 (G.R.No.301 of 2010).

ahk                         (Jyoti Saran, J.)