Hadish Dewan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34722 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Hadish Dewan
2. Safi Dewan Both Sons of Ishahak Dewan,
3. Jamirul Dewan
4. Najirul Dewan Both sons of Hadish Dewan,
5. Mangar Dewan son of Satar Dewan, All residents of Village- Daud Nagar Sapahi, P.S- Dhaka (Pachpakadi), District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioners, the State and the informant.
The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 452, 380, 302 and 506 of the I.P.C.
The prosecution story, in brief, is that on the alleged date and time of occurrence all the accused persons including the petitioners looted the golden and silver ornaments and other articles from the house of the informant and on protest co-accused Jakir Dewan, Gafir Diwan, Jafir Dewan and Khurshid Dewan caught the son of the informant and assaulted him by means of sharp cutting weapons on his neck, as a result of which he fell
Patna High Court Cr.Misc. No.34722 of 2016 (3) dt.17-10-2016 2/2 down and died on the spot.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 11.05.2016 and the charge sheet has been submitted in the present case. The petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. No specific allegation of assault has been made against the petitioners. General and omnibus allegation has been made. Specific allegation is against co-accused, namely, Jakir Dewan, Gafir Dewan, Jafir Dewan and Khurshid Dewan for causing injury upon the deceased. On behalf of the State and the learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in Dhaka (Pachpokhari) P.S. case No.113 of 2016. (Sudhir Singh, J) Narendra/- U T