Jairam Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.466 of 2023 Arising Out of PS. Case No.-48 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== Jairam Tanti Son Of Late Inderdeo Tanti @ Inder Dev R/V- Baghi, P.SWarsaliganj, Dist- Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Arvind Choudhary Son of Nageshwar Choudhary R/V- Dharhara, P.O- Andi, P.S- Asthawan, Dist- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anil Chandra For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 07.12.2022 passed by learned Additional Sessions Judge, 2nd, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 48 of 2019 instituted for the offences punishable under Sections 420, 504, 506, 34 of the Indian Penal Code and Sections 3(1)(r)(s) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

It is alleged against the appellant that he took

Patna High Court CR. APP (SJ) No.466 of 2023(6) dt.20-07-2023 2/3 Rs. 4,40,000/- as loan from the informant for purchase of a piece of land and assured to return the amount and in case, he does not return the amount, he would execute a sale deed for the land equivalent to money given to him. After some time, when the informant demanded his money back, the appellant refused to return the money and abused the informant by calling caste name.

It is submitted by learned counsel for the appellant that appellant has already paid the money which was given by the informant.

Learned counsel appearing on behalf of the informant does not controvert the aforesaid submission of the appellant and submitted that appellant has paid the money to the informant.

The appellant is in custody since 22.07.2022. Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 07.12.2022.

Patna High Court CR. APP (SJ) No.466 of 2023(6) dt.20-07-2023 3/3 Accordingly, this appeal is allowed.

The appellant, above named, is directed to 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 Additional Sessions Judge, 2nd, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 48 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T