Dharamveer Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33122 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BEERPUR District- BEGUSARAI ====================================================== Dharamveer Tanti Son of Late Umashankar Tanti, R/o Vill.- Parra, P.O.- Saraunja, P.S.- Virpur, Distt.- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sumit Kumar Jha, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 20.02.2017 in connection with Virpur P.S. Case No. 14 of 2017 for the offences alleged under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event the accusation of assault by the petitioner and co-accused Neeraj Tanti are general and omnibus. More significantly, the accusation of assault is said to have been made on the chest and buttock of the deceased with fat, mukka whereas a perusal of the ordersheet in which the case diary has been noticed, that the cause of death was haemorrhagic and neurogenic shocks as a result of massive head injury & scrotal injury caused by hard blunt substance. It is therefore submitted that the accusations of assault are not supported by the post mortem report. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.33122 of 2017 (2) dt.20-07-2017 2/2 satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Virpur P.S. Case No. 14 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T