Laddu Tanti And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21809 of 2016 ======================================================

1. Laddu Tanti Son of Late Mahadeo Tanti

2. Itwari Tanti Son of Chhotan Tanti, Both Resident of village- Rampur, P.S.- Gogri, District- Khagaria .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in connection with S. Tr. No. 186 A of 2011, arising out of Gogri P. S. Case No. 172 of 2007 registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

It is contended that though the petitioners were named in the FIR, the police had found them to be innocent during investigation and as such, they were not sent up for trial. The police report submitted under Section 173(2) of the CrPC was accepted by the learned Magistrate. Since some of the witnesses took the name of the petitioners also during trial, they

Patna High Court Cr.Misc. No.21809 of 2016 (2) dt.20-05-2016 2/2 were summoned under Section 319 of the CrPC as additional accused.

Learned counsel for the State does not dispute these facts.

Regard being had to the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IV, Khagaria in S. Tr. No. 186 A of 2011, arising out of Gogri P. S. Case No. 172 of 2007.

(Ashwani Kumar Singh, J.) Kanchan/- U T