Vinay Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26455 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== VINAY TANTI Son of Kailash Tanti Resident of Village - Sarakpur, P.S.- Beldaur, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Rajkishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard Mr. Jitendra Narain Sinha, learned counsel for the petitioner and Mr. Rajkishore Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Case No. 19 of 2020 arising out of Beldaur P.S. Case No. 154 of 2019 corresponding to G.R. No. 2201 of 2019 registered for the offence punishable under Section 302 of the Indian Penal Code 1860.

The allegation against the petitioner as per the First Information Report is that he assaulted one Ranjeet Tanti, i.e. husband of the informant, due to which, he died. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged.

Patna High Court CR. MISC. No.26455 of 2020(2) dt.12-10-2020 2/3 The victim and the petitioner are full brothers. Learned counsel further submits that there was some exchange of words between the petitioner and the victim on the issue of plucking of Guava and selling it in the market. Learned counsel also submits that Police after investigation submitted charge sheet under Section 304 of the Indian Penal Code and not under Section 302 of the Indian Penal Code. Learned counsel next submits that the parents of the deceased and the petitioner have been examined during course of trial and they have not supported the prosecution story. The petitioner is in custody since 7.8.2019 i.e. for about more than one year.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 7.8.2019, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 5th, Khagaria, or his successor, in connection with Sessions Case No. 19 of 2020 arising out of Beldaur P.S. Case No. 154 of 2019 corresponding to G.R. No. 2201 of 2019 on the following

Patna High Court CR. MISC. No.26455 of 2020(2) dt.12-10-2020 3/3 condition:- (i) that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T