Tapas Kumar Piri And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30882 of 2017 Arising Out of PS.Case No. -185 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Tapas Kumar Piri, Son of Shambhu Nath Piti, Resident of VillageMoupal, P.S.- Salbori, District- Medinapur, (West Bengal).
2. Sudip Mandal, Son of Dilip Mandal, Resident of Bengaband, P.S.- M.D. Bazar, District- Birbhum.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Sanjeet Kumar, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioners.
This is an application for bail in connection with Kotwali (Barari) P.S.Case No. 185 of 2017 registered for the offences punishable under Sections 364/34 of the Indian Penal Code.
Allegation against the petitioners is of kidnapping the son of the informant and killing him.
It has been submitted on behalf of the petitioners that re-statement of the informant shows that petitioners and deceased had gone for swimming in river Ganges and deceased died due to drowning and thereafter police was informed. It has further been submitted that petitioners have been made accused on the basis of suspicion as they are working in the same company with the deceased.
Heard learned APP also.
Having heard both sides and considering the aforesaid
Patna High Court Cr.Misc. No.30882 of 2017 (3) dt.21-07-2017 2/2 facts and circumstances, let the petitioners, named above, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Barari) P.S.Case No. 185 of 2017, G.R.No. 1291 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of their bail.
(Vinod Kumar Sinha, J) spal/- U