Bablu Tanti @ Vikash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17077 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- DHARHARA District- Munger ====================================================== Bablu Tanti @ Vikash Prasad Son of Late Natho Tanti @ Natho Prasad Vaishya Resident of Village- Mangarh, P.S.- Dharahra, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that the accused persons including the petitioner along with unknown accused came and started abusing the younger brother of the informant and when the informant objected, it is alleged that petitioner caught him by his collar and spat on his face and assaulted on his mouth and nose, thereafter, Vikram Tanti assaulted the brother of the informant

Patna High Court CR. MISC. No.17077 of 2024(2) dt.04-04-2024 2/3 with an iron rod causing injury on head.

4. The learned counsel for the petitioner further submits that the informant, in a drunken condition, was abusing and acting inappropriately with his Bhabhi which led to institution of Dharahara P.S. Case No. 205 of 2023 dated 10.10.2023. It is next submitted that the instant FIR is a counterblast to Dharahara P.S. Case No. 205 of 2023, as it has been instituted subsequent to it. It is also submitted that when the informant of the instant case was misbehaving with his Bhabhi, an altercation took place on account of which both sides assaulted each other, but then the informant in order to falsely implicate the petitioner got an injury report prepared from a private hospital. It is further submitted that petitioner has retired from the Army and has remained a person with clean antecedent all throughout and is not a criminal.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.17077 of 2024(2) dt.04-04-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dharahra P.S. Case No. 206 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T