Chhotu Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26649 of 2022 Arising Out of PS. Case No.-58 Year-2020 Thana- AMARPUR District- Banka ====================================================== CHHOTU TANTI Son of Ambika Tanti @ Amrita Tandi @ Amrit Tanti Resident of village - Kushmaha, P.S.- Amarpur, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State through Video Conferencing. The petitioner has preferred this application for grant of regular bail in a case registered u/ss 302, 328, 120B read with 34 of the Indian Penal Code.

Allegedly, the petitioner and co-accused persons took the informant's husband on a picnic and got him fed poisonous food and due to that he died on way to hospital. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.26649 of 2022(2) dt.12-08-2022 2/2 this case. Learned counsel for the petitioner has further submitted that there is no eye witness in this case. There is general and omnibus allegation against the petitioner. Learned counsel for the petitioner has further submitted that the impugned order indicates that cause of death of deceased is due to 'Cardio respiratory failure due to ethyl alcohol.' The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2022. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 58 of 2020.

The application stands allowed.

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