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Patna High CourtCR. MISC./32814/2020bail granted

Manoj Tanti v. The State Of Bihar

2021-11-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32814 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Manoj Tanti S/o Late Bimal Tanti Resident of Village-Mamalkha, Police Station-Sabour, District-Bhagalpur.

2.

Anoj Tanti @ Anuj Tanti S/o Late Bimal Tanti Resident of VillageMamalkha, Police Station-Sabour, District-Bhagalpur. 3.

Dablu Tanti S/o Late Bimal Tanti Resident of Village-Mamalkha, Police Station-Sabour, District-Bhagalpur.

4.

Rupesh Tanti S/o Ashok Tanti Resident of Village-Mamalkha, Police Station-Sabour, District-Bhagalpur.

5.

Ashok Tanti S/o Late Makhan Tanti Resident of Village-Mamalkha, Police Station-Sabour, District-Bhagalpur.

6.

Chandan Tanti S/o Bhumi Tanti Resident of Chhoti Bhawnathpur, Police Station-Akabarnagar, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

Patna High Court CR. MISC. No.32814 of 2020(5) dt.02-11-2021 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 385, 308 of the Indian Penal Code.

It is alleged in the F.I.R that co-accused Pappu Tanti demanded Rs. 20/- as rangdari to the informant and on denial, the informant was abused. Thereafter, it is alleged that the petitioners and other co-accused persons came at the door of the informant and started assaulting the informant. It is specifically alleged against co-accused Papu Tanti that he assaulted with Dabia on the head of the informant. On raising alarm, the villagers came and saved the life of the informant. It is submitted by learned counsel for the petitioners that allegation against the petitioners is omnibus and general. There is counter version of the occurrence also and the petitioners' side also received injuries. Moreover, the injury report of the informant does not corroborate the prosecution version. No overt

Patna High Court CR. MISC. No.32814 of 2020(5) dt.02-11-2021 3/3 act has been alleged against these petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 17 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T