Kheman Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11353 of 2020 Arising Out of PS. Case No.-143 Year-2018 Thana- CHANDAN District- Banka ====================================================== 1.

KHEMAN TANTI Son of Late Chhakku Tanti Resident of Village - Noniya, P.S.- Chandan, Distt - Banka.

2.

Devak Tanti Son of Late Moti Tanti Resident of Village - Noniya, P.S.- Chandan, Distt - Banka.

3.

Devan Tanti Son of Late Kaiso Tanti Resident of Village - Noniya, P.S.- Chandan, Distt - Banka.

4.

Suresh Tanti Son of Late Tetu Tanti Resident of Village - Noniya, P.S.- Chandan, Distt - Banka.

5.

Rajendra Mandal Son of Late Khiro Mandal Resident of Village - Noniya, P.S.- Chandan, Distt - Banka.

6.

Lalmani Tanti Son of Late Parmeshwar Tanti Resident of Village - Noniya, P.S.- Chandan, Distt - Banka.

7.

Putul Das @ Hiralal Das Son of Late Dahru Das Resident of Village - Sidhudih, P.S.- Chandan, Distt - Banka.

8.

Karu Das @ Anandi Das Son of Late Dahru Das Resident of Village - Sidhudih, P.S.- Chandan, Distt - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Madhuri Kumari For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Chandan

Patna High Court CR. MISC. No.11353 of 2020(5) dt.24-06-2020 2/3 (Anandpur) P.S. Case No. 143 of 2018, registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

It is alleged that on 13.09.2018 in the night, all the accused persons including these petitioners entered into the house of informant and committed theft of Jewellery, utensils, documents and cash of Rs. 20,000/-. It is also alleged that on 20.04.1999, these petitioners committed dacoity in the house of informant and also murdered the father and the brother of informant.

It is submitted that petitioners have been falsely implicated in this case. There is general and omnibus allegation. Nothing has been recovered from the house of these petitioners. There is no eye-witness of the occurrence. There is land dispute between the parties and a title suit bearing no. 182 of 1997 is also going on. The petitioner no. 6 and petitioner no. 8 have got clean antecedent.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.11353 of 2020(5) dt.24-06-2020 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. Case No. 143 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T