Ashok Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26058 of 2020 Arising Out of PS. Case No.-138 Year-2019 Thana- KATORIYA District- Banka ====================================================== ASHOK TANTI, aged about 32 years, Son of Singeshwar Tanti @ Ketaka Tanti, Resident of Village - Bhemiya, P.S.- Katoria, District - Banka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Nandad Prasad, Advocate.

For the Opposite Party :

Mr. Someshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the I.P.C.

The prosecution story, in brief, is that on 30.07.2019 at about 12.20 hours, while the informant alongwith her one associate Raj Kishore Mandal after taking money of C.S.P. Rs.

Patna High Court CR. MISC. No.26058 of 2020(2) dt.13-10-2020 2/3 99,500/-was going on the Motorcycle, two boys came and stopped the Motorcycle and snatched the bag containing Rs. 99,500/-, A.T.M. Card, Pan Card, one Tablet etc., from the informant. Her associate has identified one person as Ashok Tanti (petitioner) who has snatched her bag containing Rs. 99,500/-and one person has not identified by them but they claimed to identify after looking him.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 17.02.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused in the present case due to previous enmity. There is no recovery of looted article from possession of the petitioner. It is further submitted that the petitioner may be released on bail after completion of nine months in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail after completion of nine months in custody on furnishing bail

Patna High Court CR. MISC. No.26058 of 2020(2) dt.13-10-2020 3/3 bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Banka, in connection with Katoriya P.S. Case No. 138/2019 (corresponding to G.R. No. 2130/2019).

(Sudhir Singh, J) U.K./- U T