Jitendra Tanti And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11033 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11033 of 2016 Arising Out of PS.Case No. -243 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Jitendra Tanti S/o Devendra Tanti

2. Dharmendra Tanti S/o Devendra Tanti

3. Devendra Tanti S/o Late Rameshwar Tanti, All are R/o VillageSuryapura Kaji Tola, P.s.- Suraj Garha, District- Lakhisarai .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shaukat Alam, Advocate For the Opposite Party : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Suryagarha P.S. Case No. 243 of 2015 for the offences instituted under Sections 341, 323, 307 and 379/34 of the Indian Penal Code.

As per prosecution case, while the informant went out from his house then all the accused persons armed with iron rod and lathi in their hands started beating with intention to kill him as a result of which blood started oozing out and also snatched a golden chain of the informant.

It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.11033 of 2016 (2) dt.18-04-2016 petitioners have got no criminal antecedent. It is a case and a counter case between the parties. There is admitted enmity between the parties. From perusal of the injury report, it is evident that the nature of injuries are simple, hence no offence under Section 307 of the IPC is made out.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Suryagarha P.S. Case No. 243 of 2015 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T