Kailash Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14727 of 2022 Arising Out of PS. Case No.-110 Year-2020 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

KAILASH TANTI Son of Late Sobhi Tanti Resident of Village - Fulwariya, P.S. - Shahkund, District - Bhagalpur.

2.

BASUDEV TANTI Son of Late Sobhi Tanti Resident of Village - Fulwariya, P.S. - Shahkund, District - Bhagalpur.

3.

MAITHAL TANTI @ MITHILESH TANTI Son of Late Sobhi Tanti Resident of Village - Fulwariya, P.S. - Shahkund, District - Bhagalpur. 4.

GOURAV TANTI @ GAURAV KUMAR Son of Suresh Tanti Resident of Village - Fulwariya, P.S. - Shahkund, District - Bhagalpur. 5.

AASHISH TANTI @ ASHISH KUMAR Son of Suresh Tanti Resident of Village - Fulwariya, P.S. - Shahkund, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Mrs. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 379, 354, 447, 504, 34 of the I.P.C.

Patna High Court CR. MISC. No.14727 of 2022(2) dt.10-08-2022 2/3 Allegedly, the petitioners alongwith other accused persons abused and assaulted the informant's side. It has been further alleged that all the accused persons snatched gold chain and ear rings from the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. The injuries are simple in nature. He further submits that the police has filed the chargesheet and cognizance has been taken against the petitioners. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners 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, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.14727 of 2022(2) dt.10-08-2022 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Shahkund P.S. Case No.110 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T