Dilip Tanti And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19917 of 2014 Arising out of P.S. Case No. -130 Year- 2013 Thana -BELHAR District- BANKA ===================================================

1. Dilip Tanti.

2. Panchu Tanti Both Sons of late Adhik lal Tanti Both are Resident of Village- Mahkara, P.S. Belhar, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s: Mr. Arun Kumar Panday (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05.

20.01.2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 302 and 120(B)/34 of the Indian Penal Code.

Considering that there is no eye-witness account to the actual murder and the Petitioners are in custody since 11.12.2013 as also fair antecedents, let them be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 130 of 2013 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an

Patna High Court Cr.Misc. No.19917 of 2014 (5) dt.20-01-2015 affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)