Bambam Kumar Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.53742 of 2015 (3) dt.18-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53742 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -ASARGANJ District- MUNGER ====================================================== Bambam Kumar Tanti Son of Radhe Tanti Resident of village - Kenhat, P.S. Lakshmipur, Distt. - Jamui ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Asarganj P.S. Case No. 52 of 2015 registered for the offence under Section 395 of the Indian Penal Code.

Allegedly, four motorcycles borne criminals came at the shop of the informant and demanded wine and when the informant was taking out the wine, they entered into the shop and at the point of pistol took out Rs 25,000/- from the cash counter and after opening fire started fleeing away riding on the motorcycle but due to assemblance of nearby persons, the petitioner was caught with motorcycle and he stated the names of other co-accused and further two bottles of English wine were recovered besides one magazine containing five live cartridges. Submission is of false implication and that recovery of two bottles of wine has been shown only with oblique motive though in previous paragraph there is no such allegation, the petitioner was made

Patna High Court Cr.Misc. No.53742 of 2015 (3) dt.18-01-2016 victim of circumstances, no firearm was recovered and recovery of magazine and cartridges is simply a plantation, the petitioner has got no criminal antecedent and he is suffering in custody since 14.07.2015. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention of the petitioner and further that he has got no criminal antecedent, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Sharma, Judicial Magistrate 1st Class, Munger in connection with Asarganj P.S. Case No. 52 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/-Siddharth U T