Patna High CourtCR. MISC./52286/2015bail granted

Umesh Tanti v. The State Of Bihar

2016-05-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52286 of 2015 Arising Out of PS.Case No. -77 Year- 2012 Thana -GARHPURA District- BEGUSARAI ====================================================== Umesh Tanti, Son of Late Nakshtra Tanti, resident of Village Kanosi Tola Raxi, P.S.- Garhpura, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nakul Kumar Jamuar, Advocate.

For the Opposite Party : Mr. Smt. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2016 Heard both sides.

The petitioner made second attempt for bail in Sessions Trial No. 256 of 2015, arising out of Garhpura P.S. Case No. 77 of 2012, registered for the offences punishable under Sections 147, 149, 341, 323, 326 and 504 of the Indian Penal Code in which Section 302 of the Indian Penal Code was subsequently added. The informant named nine persons including the petitioner that they assaulted Bodhan Sah the grand father of the informant. Later on, the informant himself has stated that it was the petitioner Umesh Tanti who assaulted the deceased with Lathi on his head and on consideration of the aforesaid facts the prayer for bail of the petitioner was earlier rejected vide orders passed in Cr. Misc. No. 28324 of 2014 on 17.12.2014 with liberty to renew

Patna High Court Cr.Misc. No.52286 of 2015 (2) dt.04-05-2016 2/2 his prayer for bail after six months before the court below. It appears that the charges have been framed, but no prosecution witnesses have been examined till 18.08.2015. The petitioner is in jail since 14.02.2014 and the petitioner has already remained in jail for more than two years.

Considering the facts aforesaid, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VIII, Begusarai in Sessions Trial No. 256 of 2015, arising out of Garhpura P.S. Case No. 77 of 2012.

(Prabhat Kumar Jha, J.) KKSINHA/- U T