Akash Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34499 of 2024 Arising Out of PS. Case No.-150 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== AKASH TANTI SON OF LATE PARSHURAM TANTI RESIDENT OF VILLAGE / MUHALLA - RAM NAGAR MORCHA, P.S. - NAYA RAM NAGAR, DISTRICT - MUNGER ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjiv Singh For the Opposite Party/s :
Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2024
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner has renewed his prayer for bail in connection with S.T. No. 18 of 2022, arising out of Naya Ram Nagar Police Station Case no. 150 of 2020, registered under Sections 147/148/149/302/379 of the Indian Penal Code read with Section 27 of the Arms Act.
3. This is the third attempt for bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected vide order, dated 04.04.2022 and 10.11.2023, passed in Cr. Misc. No. 29077 of 2021 and Cr. Misc. 50554 of 2023. While rejecting the prayer for bail for the second time, this Court, taking note of the report regarding stage of trail, granted liberty to the petitioner to renew his prayer for bail after three months,
Patna High Court CR. MISC. No.34499 of 2024(2) dt.09-08-2024 2/3 if the trail is not concluded.
4. As per the prosecution story, the petitioner, along with other co-accused persons, fired upon the brother of the informant due to which he died.
5. Learned counsel for the petitioner submits that the defence and prosecution has closed their evidence and case is fixed for argument, however, suddenly the prosecution has filed its petition under Section 311 of the of the Code of Criminal Procedure on 02.11.2023, due to which the trial has not concluded. The petitioner is in custody for more than four year i.e. since 15.09.2020.
6. Regards being had to the submissions made by the parties and taking into consideration the period of custody of the petitioner and the fact that the prosecution has filed a petition under Section 311 of Cr.P.C. due to which trial is not likely to be concluded recently, I am inclined to grant regular bail to the petitioner.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional Sessions Judge-III, in connection with Munger, S.T. No. 18 of 2022, arising out of Naya Ram
Patna High Court CR. MISC. No.34499 of 2024(2) dt.09-08-2024 3/3 Nagar Police Station Case no. 150 of 2020.
8. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) ashwani/- U T