Dipak Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14860 of 2016 Arising Out of PS.Case No. -36 Year- 2014 Thana -KHAIRA District- JAMUI ====================================================== Dipak Tanti, S/o Sachidanand Tanti .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section394 of the Indian Penal Code. Petitioner is not named in the first information report but from perusal of the impugned order, it would appear that the name of petitioner came in this case in course of investigation at paragraphs-42, 48 & 59 of the case diary.

It has, specifically, been averred at paragraph-8 of the petition that the informant in his third statement, named the petitioner expressing his doubt against him and after that, spy of the police claimed to have seen the petitioner loitering near the place of occurrence. So far as paragraph-59 of the case diary is concerned; it has been averred at paragraph-8 of the petition that

Patna High Court Cr.Misc. No.14860 of 2016 (2) dt.11-04-2016 2/2 the said paragraph is nothing but only verification of address of the petitioner.

No doubt, petitioner carries criminal antecedent but taking into consideration that the name of petitioner came in this case after more than one year of the alleged occurrence and that too, only suspicion has been raised against him, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Khaira P.S. Case No. 36 of 2014 to the satisfaction of learned Chief Judicial Magistrate-II, Jamui. (Hemant Kumar Srivastava, J) A.K.V./- U T