Laxman Tanti @ Laxmi Tanti @ Laxmikant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15041 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- DHARHARA District- Munger ====================================================== LAXMAN TANTI @ LAXMI TANTI @ LAXMIKANT Son of Jagdish Tanti Resident of Village- Utari Tola, Dharhara, P.S.- Dharhara , District- Munger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.11.2018 in connection with Dharhara P.S. Case No. 45 of 2018 for offences punishable under Sections 302, 120-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while she along with her husband was sleeping in the room, some persons locked her room from outside and she heard some muffled sound of her brother-in-law aged 75 years from his room. Thereafter she found her brother-in-law dead. It is alleged that the petitioner along with four other persons, who are sons of her first husband, has killed her brother-in-law. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, there is

Patna High Court CR. MISC. No.15041 of 2019(2) dt.14-03-2019 2/2 no eye-witness to the alleged occurrence and petitioner has been made accused on suspicion. He submits that two of the named accused in the First Information Report on similar allegations have been granted the privilege of bail by coordinate Benches of this Court in Cr. Misc. No. 43893 of 2018 vide order dated 20.07.2018 and Cr. Misc. No. 40736 of 2018 vide order dated 24.09.2018. He further submits that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Munger, in connection with Dharhara P.S. Case No. 45 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T