Patna High CourtCR. MISC./22961/2020rejected

Jay Tanti v. The State Of Bihar

2020-10-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22961 of 2020 Arising Out of PS. Case No.-319 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== JAY TANTI Son of Sri Banke Tanti Resident of Village - Karimchak Balwa, P.S.- Harnaut (Kalyan Bigha), District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-10-2020 Heard Mr. Rajesh Ranjan, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending arrest in connection with Harnaut (Kalyan Bigha) P.S. Case No. 319 of 2019 for the offences under Sections 302, 201 and 120B IPC. Learned counsel appearing on behalf of the petitioner would submit that absolutely there is no material against the petitioner to connect with the alleged crime except confessional statement. Co-accused Shanti Devi, who is FIR named accused in this case, has been granted anticipatory bail. Considering the facts and circumstances of the case as also the fact that Shanti Devi was granted bail on the ground that she is lady, the Court is not inclined to grant privilege of

Patna High Court CR. MISC. No.22961 of 2020(2) dt.07-10-2020 2/2 anticipatory bail to the petitioner. The prayer is, accordingly, rejected.

However, the court below is directed to dispose of the application of the petitioner for regular bail on surrender on the same day without being prejudiced by the refusal of anticipatory bail to the petitioner by this Court. The Court below shall examine the contention of the petitioner that absolutely no material has been found against the petitioner during investigation except confessional statement to connect the petitioner in the present case while deciding the application for regular bail.

(Anil Kumar Upadhyay, J) spandey/- U T