Nand Kishore Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23527 of 2021 Arising Out of PS. Case No.-498 Year-2018 Thana- BARH District- Patna ====================================================== NAND KISHORE TANTI Son of Siya Sharan Tanti Resident of Kazi Chak, P.S. - Barh, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Barh P.S. Case No. 498 of 2018 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code. According to prosecution case, the petitioner came to the house of the informant and asked to provide a job to him and his brother saying that his brother Prahlad Kumar and his wife have very high approach and both have engaged several persons in the job. Thereafter, the petitioner managed to talk with informant and co-accused, who also assured to provide the job, saying that if the job will not be provided, the money will be returned. Thereafter, the informant gave rupees eleven lacs to petitioner and his brother and in turn they handed over a joining

Patna High Court CR. MISC. No.23527 of 2021(3) dt.17-11-2021 2/3 letter for the post of Watchman in FCI. The informant further alleges that the said joining letter was not genuine nor they returned his money.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case. Learned counsel further submits that informant neither disclosed the mode of payment nor the source of money in the FIR. Learned counsel further submits that petitioner was arrested on 20.03.2020 in connection with Barh P.S. Case No. 497 of 2020 and he has been produced in the present case on 22.12.2020. It is further submitted that co-accused Prahlad Kumar has been granted anticipatory bail by a co-ordinate Bench of this court vide order dated 19.03.2021 passed in Cr. Misc. No. 33306 of 2020. The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released 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 Chief Judicial Magistrate-I, Barh, Patna in connection with Barh P.S. Case No.

Patna High Court CR. MISC. No.23527 of 2021(3) dt.17-11-2021 3/3 498 of 2018, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rajesh Kumar Verma, J) shahzad/- U T