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Patna High CourtCR. MISC./24112/2020allowed

Santosh Tanti v. The State Of Bihar

2020-11-02Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24112 of 2020 Arising Out of PS. Case No.-729 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== SANTOSH TANTI, Son of Late Nand Kishore Tanti, Resident of Mohalla - Babuaganj, P.S.- Khagaria, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Shyam Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 419, 420, 414, 34 of the Indian Penal Code.

Allegation against the petitioner is of selling the stolen motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is also named in the FIR but his name has been disclosed by the other co-accused person before the police. The similarly situated co-accused namely Rahul Kumar has been granted bail by this Hon'ble Court vide order dated 16.01.2020 passed in Cr. Misc. No. 77018/2019. The

Patna High Court CR. MISC. No.24112 of 2020(3) dt.02-11-2020 2/3 petitioner is in custody since 05.03.2020. He further submits that the petitioner has six criminal antecedents in three cases he has been acquitted and another three cases which is mentioned in para 3 of the bail petition he is on bail. Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each in connection with Khagaria P.S. Case No. 729/2019, G.R. No. 2814/2019 to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation,

Patna High Court CR. MISC. No.24112 of 2020(3) dt.02-11-2020 3/3 if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) amitkumar/- U T