Kari Das @ Kari Tanti And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9030 of 2018 Arising Out of PS.Case No. -47 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================
1. Kari Das @ Kari Tanti, Son of Madan Tanti,
2. Kari Tanti, Son of Late Ram Padarath Tanti, Both are resident of Village- Virpur (Khurunda), Police Station- Hasanpur, District- Samastipur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Opposite Party/s : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Hasanpur P.S. Case No. 47 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is land dispute between the parties. There is case and counter case between them. The mother of co-accused Amit Tanti has filed Hasanpur P.S. Case No. 50 of 2017 against the informant for assaulting Kari Tanti.
In the written report it is alleged that Kari Tanti assaulted the informant with rod on his head. From the written
Patna High Court Cr.Misc. No.9030 of 2018 (4) dt.19-04-2018 2/3 report it appears that name of two Kari Tanti has been mentioned with different parentage.
Case diary has been received.
The injury report of the informant and one Raghvendra Singh has been enclosed as Annexure-4 series wherein the Doctor has found simple injuries on their person caused by hard and blunt substance.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Hasanpur P.S. Case No. 47 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-III, Rosera, Samastiur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners
Patna High Court Cr.Misc. No.9030 of 2018 (4) dt.19-04-2018 3/3 tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T