Ashish Tanti @ Ghoku Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.53008 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53008 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -TATARPUR District- BHAGALPUR ======================================================

1. Ashish Tanti @ Ghoku Tanti Son of Ashok Tanti Resident of MohallaSahebganj Bind toli, P.S.- University, Distt- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 27.06.2016 in connection with Tatarpur (University) P. S. Case No. 77 of 2016 registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code. The prosecution case as lodged by the informant is that unknown miscreants committed theft in the house of the informant and took away cash of Rs. 50,000/-, laptop, jewellery and other household articles.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated on the basis of confessional statement of co-accused, Ritesh Kumar,

Patna High Court Cr.Misc. No.53008 of 2016 (2) dt.20-12-2016 who was arrested by the police and some looted articles have been recovered from his possession. It has further been submitted that the petitioner has no criminal history and on the similar allegations, Co-ordinate Bench of this Court has granted bail to the other co-accused in Cr. Misc. No. 39009 of 2016 dated 17.09.2016 and Cr. Misc. No. 39970 of 2016 dated 08.11.2016. Learned A.P.P. for the State has oppose the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and submissions made on behalf of the parties, since other coaccused have been granted the privilege of bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhagalpur in connection with Tatarpur (University ) P.S.Case No. 77 of 2016.

(Nilu Agrawal, J) Sudha/- U T