Mohit Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20028 of 2022 Arising Out of PS. Case No.-239 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== MOHIT TANTI SON OF RADHE TANTI @ RADHEY TANTI R/O VILLAGE- PACHNA, P.S.- SHEIKHPURA, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP Mr.Bipin Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 457, 307, 326 of the IPC. Allegedly one Kartish Tanti is alleged to have cut the neck of wife of informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the FIR and has been falsely implicated in this

Patna High Court CR. MISC. No.20028 of 2022(2) dt.24-08-2022 2/3 case. No such occurrence, in the manner as alleged, has ever taken place. During investigation, the injured wife of the informant has taken the name of petitioner and on that basis he has been made accused in this case. There is no overt act against the petitioner and the specific allegation is against the coaccused Kartish Tanti, whose provisional bail has been confirmed by this Court vide order dated 28.06.2022 passed in Cr. Misc.10096 of 2021. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail and submitted that the petitioner has suppressed this fact that petitioner has one criminal antecedent, which is clear from the impugned order.

It is submitted on behalf of the petitioner that petitioner during the time of filing of this application had no criminal antecedent. The present case is arising out of Sheikhpura P.S. Case No.239 of 2020 and after filing of this application for bail, Sheikhpura P.S. Case No.331 of 2020 has been lodged against the petitioner.

Having regard to the facts and circumstances of the case, since the FIR named accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.20028 of 2022(2) dt.24-08-2022 3/3 period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sheikhpura P.S. Case No.239/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T