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Patna High CourtCR. MISC./19866/2022allowed

Anil Tanti v. The State Of Bihar

2022-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19866 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

ANIL TANTI SON OF SHANKAR TANTI R/O VILLAGE- BRHARI, P.S.- GORADIH, DISTRICT- BHAGALPUR 2.

SHYAM TANTI SON OF MUNNA TANTI R/O VILLAGE- BRHARI, P.S.- GORADIH, DISTRICT- BHAGALPUR 3.

MITHILESH TANTI SON OF SHYAM TANTI R/O VILLAGE- BRHARI, P.S.- GORADIH, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner no. 2 and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner no. 2 apprehending his arrest in connection with Jagdishpur (Goradih) P.S. Case no. 160 of 2021 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 325, 447, 504, 506 of the Indian Penal Code and Sec. 314 of the Witch Act.

As per allegation in the FIR, all the FIR named accused persons abused the informant by addressing her dian and they assaulted the informant and her sons by means of lathi and danda as a result of which Bangtu Tanti, sustained head injury and arm fracture.

Patna High Court CR. MISC. No.19866 of 2022(3) dt.20-09-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Both parties are on inimical term since long. He has got no criminal antecedent. No specific overt act of assault is against the petitioner. Doctor has opined the nature of injury as simple caused by hard and blunt object.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jagdishpur (Goradih) P.S. Case no. 160 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U