Shankar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23949 of 2020 Arising Out of PS. Case No.-48 Year-2020 Thana- KOTWALI District- Munger ====================================================== SHANKAR TANTI Son of Late Ramchandra Tanti Resident of Village - Raisar Madhopur, In front of B.R.M. College, P.S. - Kotwali, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-10-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Kotwali PS case no. 48 of 2020 registered for the offences punishable under Sections 341, 323, 353, 307/34 of Indian Penal Code.

The allegation is regarding the informant who is the A.S.I. of Basudeopur O.P., Munger being on patrolling duty along with the police force and when they had reached near B.R.M. College, Kali Mandir on 06.02.2020 at about 4.30, they

Patna High Court CR. MISC. No.23949 of 2020(2) dt.08-10-2020 2/3 saw some persons quarelling among themselves, whereafter they had gone there to pacify the matter but the said persons started attacking the police party, resulting in injuries being sustained by police personnel.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is an old person aged about 50 years and a general and omnibus allegation has been levelled by the prosecution.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that a general and omnibus allegation has been levelled against the petitioner, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, however with certain conditions. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.23949 of 2020(2) dt.08-10-2020 3/3 learned Chief Judicial Magistrate, Munger in connection with Kotwali PS case no. 48 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. This Court further directs that since the investigation of the present case is going on, the petitioner herein shall appear before the Officer-in-charge of the concerned police station on each and every Monday of the week and co-operate with the Investigating Officer and in case of two consecutive defaults in appearing before the said Officer-in-charge, the present privilege of bail being granted to the petitioner herein shall stand cancelled automatically and the petitioner would be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T