Dilkhush Tanti @ Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29045 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DILKHUSH TANTI @ DILKHUSH KUMAR S/o Mahendra Tanti Resident of Village - Jenedpur Rajaura, P.S. Muffasil, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 34 of the Indian Penal Code, section 27 of the Arms Act and section 37(c) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, it is stated that the accused persons who were about four in number started altercation with the informant and thereafter also fired two rounds on him. While the other accused persons managed to escape, one of them was caught and he disclosed his name as Manoj Tanti. He disclosed the name of the other accused persons which including the petitioner herein. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.29045 of 2021(2) dt.07-12-2021 2/2 that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case. The only material against him is the statement of a co-accused made before police. He is in custody since 9.1.2021 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Mufassil P.S. Case no.169 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai.

(Partha Sarthy, J) Saurabh/- U T