Naurangi Tanti And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15925 of 2019 Arising Out of PS. Case No.-137 Year-2018 Thana- KATORIYA District- Banka * ====================================================== 1.
NAURANGI TANTI, Son of Late Jageshwar Tanti, Resident of VillageSouri, P.S.- Katoria, District - Banka 2.
Basu Deo Tanti, Son of Late Jageshwar Tanti, Resident of Village-Souri, P.S.- Katoria, District - Banka 3.
Mintu Tanti, Son of Basudeo Tanti, Resident of Village-Souri, P.S.- Katoria, District - Banka 4.
Babloo Tanti, Son of Jharu Tanti, Resident of Village-Souri, P.S.- Katoria, District - Banka 5.
Kesho Tanti @ Keshav Tanti, Son of Jharu Tanti, Resident of Village-Souri, P.S.- Katoria, District - Banka 6.
Yogendra Tanti, Son of Late Masudan Tanti, Resident of Village-Souri, P.S.- Katoria, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-03-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Katoria Police Station Case No. 137 of 2018, disclosing offences under Sections 341/323/324/307/325/504/34 of the Indian Penal Code.
For the same occurrence, it appears that another case, based on the counter version, being Katoria Police Station Case
Patna High Court CR. MISC. No.15925 of 2019(2) dt.14-03-2019 2/3 No. 136 of 2018, has been registered, in which the informant of the present case is also one of the accused. Bachchi Tanti, who is co-accused in the present case, is said to have received injuries as alleged in the First Information Report of Katoria Police Station Case No. 136 of 2018, who, as has been stated in paragraph 11 of the present application, died. Accordingly, Section 302 of the Indian Penal Code has been added in the other case, i.e. Katoria Police Station Case No. 136 of 2018. Learned Counsel appearing on behalf of the petitioners has submitted that in fact, the informant's side was aggressor and apparently dispute over ploughing of field was the reason behind the occurrence.
Considering the facts and circumstances of the case and submissions so advanced on behalf of the petitioners, this application is allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate, 1st Class, Banka, in connection with Katoria Police Station Case No. 137 of 2018, subject to the condition laid down under Section 438 (2) of the
Patna High Court CR. MISC. No.15925 of 2019(2) dt.14-03-2019 3/3 Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √