Patna High Court - Orders
Sarwan Tanti & Ors. vs The State Of Bihar on 8 October, 2013
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23880 of 2013
======================================================
1. Sarwan Tanti , son of Late Arjun Tanti, resident of village- Simriya
Salampur, P.S. Kajraili, District- Bhagalpur
2. Prakash Singh, son of Chotan Singh
3. Kundan Tanti, son of Baddho Tanti,
Both residents of village- Kusumpur, P.S. Amarpur, District-
Bhagalpur
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
-----------------
4 08-10-2013Heard Sri Rajesh Kumar Singh, learned counsel, who was assisted by Sri Rana Pratap Singh, learned counsel for the petitioners and Sri Shyam Bihari Singh, learned Addl. Public Prosecutor.
Three petitioners, who are in custody in connection with Amarpur P.S.Case No.264 of 2012 registered for the offence under Sections 302/34 of the Indian Penal Code, have prayed for grant of bail.
It was submitted by learned counsel for the petitioners that F.I.R. was lodged against unknown and subsequently, during investigation on the basis of information given by the spy, petitioners were made accused. He further submits that save and 2 Patna High Court Cr.Misc. No.23880 of 2013 (4) dt.08-10-2013 2/2 except the fact that petitioners were seen one day before the occurrence at the place of occurrence, there is no other material to connect the petitioners in the crime.
Learned Addl. Public Prosecutor after perusing the case diary submits that petitioners were seen one day before the occurrence at the place of occurrence. Besides this, there is no material against the petitioners. He further submits that petitioners had also confessed their guilt. However, confession was not recorded under Section 164 of the Code of Criminal Procedure, but it was before the police.
In view of the facts, particularly the fact that there is no direct material to connect the petitioners in the crime, let the petitioners above named be enlarged 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 Chief Judicial Magistrate, Banka in connection with Amarpur P.S.Case No.264 of 2012.
(Rakesh Kumar, J) NKS/-