Robin Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19964 of 2022 Arising Out of PS. Case No.-403 Year-2021 Thana- BIHAR District- Nalanda ====================================================== ROBIN TANTI S/o Baijnath Tanti R/o village- Paharpur, P.S.- Biharsharif, District- Nalanda. At present Resident of B.L. No. 17, Kachari Road, P.S.- Kakinara, District- 24 Pargana North, West Bengal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 30099 of 2022 Arising Out of PS. Case No.-403 Year-2021 Thana- BIHAR District- Nalanda ====================================================== BAIJNATH TANTI Son of Late Fakira Tanti Resident of Village - Paharpur, P.s.- Biharsharif, Distt.- Nalanda, At Present resident of B.L. no.17, Kachari Road, P.s.- Kaknara, Dsitt.- 24 Pargana Narth, West Bengal. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19964 of 2022) For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 30099 of 2022) For the Petitioner/s :

Mr.Ritesh Kumar Sinha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and the learned counsel for the informant.

Patna High Court CR. MISC. No.19964 of 2022(6) dt.18-01-2023 2/3 The petitioners apprehend their arrest for the offences alleged under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code, registered in connection with Bihar P.S.Case No.403 of 2021.

As per allegation, the petitioner Baijnath Tanti sold the piece of land to the informant, to which his father had already sold out and on the sale deed the petitioner Robin Tanti was the attesting witness.

The learned counsel for the petitioners has submitted that, though the petitioners have falsely been implicated in this case, but they are ready to refund the entire amount of Rs.10,73,000/- to the informant. He has submitted further that at the application filed by the informant, the bank account of the petitioner Baijnath Tanti has been frozen. As such, to enable the petitioners to refund the amount to the informant, the bank account of the petitioner should be defrozen, only to the extent of Rs.10,73,000/.

In view of aforesaid submission, the banking authorities are directed to defreeze the bank account of the petitioner Baijnath Tanti and he shall return the consideration money to the informant within a period of six weeks after defreezing of his bank account.

Patna High Court CR. MISC. No.19964 of 2022(6) dt.18-01-2023 3/3 Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Bihar P.S.Case No. 403 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

If the petitioners retract from their words and make evasion in making payment to the informant, their bail bonds shall stand cancelled.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T