Akash Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29077 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== AKASH TANTI Son of Late Parshuram Tanti Resident of Ram Nagar Morcha, Police Station Naya Ramnagar, District Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Sinha 2 For the Opposite Party/s :

Mr. B.N. Pandey, APP Mr. Shashi Bhushan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-04-2022 Heard Mr. Santosh Kumar Sinha -2, learned counsel for the petitioner, Mr. Shashi Bhushan Kumar, learned counsel for the informant and Mr. B.N. Pandey, learned APP for the State.

Petitioner seeks regular bail in connection with Naya Ramnagar PS Case No. 150 of 2020 registered for the offence under Section 147 / 148 / 149 / 302 / 379 of the IPC and Section 27 of the Arms Act.

As per the first information report the petitioner along with other accused persons fired upon the brother of the informant due to which he died.

Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner and

Patna High Court CR. MISC. No.29077 of 2021(6) dt.04-04-2022 2/3 petitioner has not committed any offence in the manner alleged. He further submits that genesis of the occurrence is that the deceased was objecting to the petitioner and others in their illegal trade of liquor but there is no material to the effect and the petitioner was ever involved in any case relating to Excise Act. He further submits that similarly situated co-accused person / Gorakh Tanti has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 18591 of 2021. On the other hand, learned counsel for the informant and State oppose the prayer for bail and submit that during the course of investigation 05 empty cartridges were recovered from the place of occurrence and the informant is an eye witnesses to the occurrence. Learned counsel for informant further submits that petitioner has concealed the fact regarding involvement of the petitioner in Excise Case bearing Jamalpur PS Case No. 204 of 2017. The petitioner is also having criminal antecedent as stated in paragraph -3 of this application.

Regard being had to the submissions made by the parties, taking into consideration the material available on record, the fact that five (05) cartridges were recovered from the place of occurrence, there is direct allegation against the petitioner and others, informant is an eye witness to the

Patna High Court CR. MISC. No.29077 of 2021(6) dt.04-04-2022 3/3 occurrence and petitioner has concealed the material fact regarding his criminal antecedent, as such, claim of parity of the petitioner is not acceptable. Therefore, I am not inclined to grant regular bail to the petitioner.

Accordingly, the prayer for grant of bail is rejected. However, the petitioner may renew his prayer for bail after one year from today if the trial does not show any progress.

(Anil Kumar Sinha, J) praful/- U T