Jay Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18270 of 2021 Arising Out of PS. Case No.-319 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== JAY TANTI Shri Banke Tanti Resident of Village-Karimchak Balwa, P.S.- Harnaut (Kalyan Bigha), District-Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate For the Opposite Party/s :
Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and Smt Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Harnaut (Kalyanbigha) PS case no. 319 of 2019 instituted for the offences punishable under Sections 302, 201, 120B of Indian Penal Code.
The allegation is regarding the co-accused person namely Nandu Tanti having killed her wife by pressing her neck. It appears that the said Nandu Tanti had confessed before the police that the other co-accused persons including the petitioner herein were instrumental in disposing of the dead body of the wife of the said Nandu Tanti.
The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case whereas the fact is that there is no material on record to
Patna High Court CR. MISC. No.18270 of 2021(3) dt.06-12-2021 2/2 suggest complicity of the petitioner in the alleged crime. The learned counsel for the petitioner has also referred to the orders dated 10.12.2019 and 08.01.2021 passed by the co-ordinate Benches of this Court in Cr. Misc. no. 65430 of 2019 and Cr. Misc. no. 28526 of 2020 respectively, whereby and whereunder similarly situated co-accused persons have been granted bail.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the parity of the case of the petitioner with that of the accused persons who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of 7th Additional District & Sessions Judge, Nalanda, Biharsharif in connection with Harnaut (Kalyanbigha) PS case no. 319 of 2019. (Mohit Kumar Shah, J) rinkee/- U T