Patna High CourtCR. MISC./52943/2018bail granted

Dinesh Tanti v. The State Of Bihar

2018-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52943 of 2018 Arising Out of PS.Case No. -788 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Dinesh Tanti, Son of Late Ram Prasad Tanti, Resident of VillageDicruge Lane, Narga, P.S.- Nathnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case initially registered under Section-379 of the Indian Penal Code and later on 411 of the Indian Penal Code was added.

The prosecution case, in brief, is that Dan Peti of courtyard of Budiya Kali Mandir, was stolen by unknown thieves. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the FIR. The name of the petitioner has surfaced in confessional statement of co-accused. There is no other substantial evidence to suggest the implication of

Patna High Court Cr.Misc. No.52943 of 2018 (2) dt.20-09-2018 the petitioner in the present case. There is no recovery of any incriminating articles from possession of the petitioner. On behalf of the State, it is submitted that the petitioner's name surfaced in confessional statement of co-accused. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar P.S. Case No. 788 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T