Banti @ Kaif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66755 of 2019 Arising Out of PS. Case No.-300 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== 1.

BANTI @ KAIF Son of Samsir @ Namuna Resident of Dakhin Tola Siwan, P.S.- Siwan Town, District- Siwan 2.

Billa @ Maqbool Son of Jainuddin Mia Resident of Dakhin Tola Siwan, P.S.- Siwan Town, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K. Sinha, Sr. Advocate Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons fired at the husband of the informant due to which he sustained injury and later succumbed to the injury. It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.7.2019. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.66755 of 2019(4) dt.04-03-2020 2/2 The petitioners are not named in the F.I.R. The name of the petitioners have transpired on the basis of confession of coaccused. Except for this, there is no other substantive evidence to suggest their implication in the present case nor there is any circumstantial evidence to suggest their participation in the present case.

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 300/19.

(Sudhir Singh, J) Pankaj/- U T