Dinesh Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.47079 of 2017 (4) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47079 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -PIPRA District- SUPAUL ======================================================

1. Dinesh Tanti son of Bishundeo Tanti, Resident of Village- Tatnahi, P.O.- Amaha, P.S.- Pipra, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 The petitioner seeks regular bail in connection with Pipra P.S. Case No. 108 of 2017, registered for offences punishable under Sections 363 and 365 of the Indian Penal Code. Allegation is of recovery of one mobile phone from the petitioner alleged to have been of kidnapped son of informant. It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R, and save and except the allegation of recovery of mobile phone, there is nothing against the petitioner and petitioner has no role to play in the kidnapping of the informant's son and petitioner is labour and he has purchased the said mobile on cheap rate. Further he has been in custody since 19.06.2017 and has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of

Patna High Court Cr.Misc. No.47079 of 2017 (4) dt.18-10-2017 confessional statement of co-accused and except that there is nothing against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Supaul, in connection with Pipra P.S. Case No. 108 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T