Kailash Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22996 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- DANDARI District- Begusarai ====================================================== Kailash Tanti Son of Ram Khalawan Tanti R/o Village- Katarmala, P.S.- Dandari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Adv.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Dandari P.S. Case No. 103 of 2023 dated 13.11.2023 registered for the offences punishable under Sections 341, 302, 120(B), 504, 506 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

3. As per the prosecution case, on 12.11.2023 in the evening, the informant along with his father was returning after closing his shop. When they reached Bajrangbali Chowk Katarmala then accused persons including the petitioner armed with various weapons surrounded and threatened to

Patna High Court CR. MISC. No.22996 of 2024(2) dt.25-04-2024 2/3 vacate the land. Thereafter, on the order of Rajiv Kumar, Kailash Tanti & Rajendra Sah caught hold of the hand of the deceased and the co-accused, Vikash Kumar fired on the chest of the deceased.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to village politics. There is no allegation of firing against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner and the co-accused Rajendra Sah caught hold of the hand of the deceased and the co-accused Vikash Kumar fired on the chest of the deceased. He further submitted that the petitioner has played active role in the alleged occurrence.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, The petition is rejected and the petitioner is directed to surrender before the Court below concerned within six weeks from the date of this order and pray for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

Patna High Court CR. MISC. No.22996 of 2024(2) dt.25-04-2024 3/3

7. The application stands rejected.

(Chandra Prakash Singh, J) annpurna/- U T