Nand Kishor Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32903 of 2020 Arising Out of PS. Case No.-497 Year-2018 Thana- BARH District- Patna ====================================================== NAND KISHOR TANTI Son of Siya Sharan Tanti Resident of Kazi Chak, P.S.- Barh, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agarwal, Sr. Advocate Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-02-2021 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code.
Informant has alleged that after persuasion by Nand Kishore Tanti that he will provide him a job, informant on 17.11.2017 handed over Rs. 16 lakh to Nand Kishore Tanti and his brother Prahlad Kumar. On 01.02.2018, Nand Kishore Tanti has given him appointment letter allegedly issued from Registrar General, Patna High Court and asked him to go to join as Peon at Vaishali Civil Court but when informant went to join at Vaishali Civil Court, it was told to him that it is a forged joining letter and thereafter informant informed this fact to
Patna High Court CR. MISC. No.32903 of 2020(3) dt.05-02-2021 2/3 Nand Kishore Tanti on which, he told that all be corrected. After some time, informant went to the house of accused, then Nand Kishore Tanti along with his uncle, Baleshwar Tanti and nephew closed him in a room and threatened to kill him and also threatened him that they will kidnap his family members and for which they will spend rupees two lakh. They further stated the informant that you are free to file FIR anywhere as they have approach before influential people.
It has been submitted that petitioner has falsely been implicated in this case due to personal grudge and ill motive as informant neither disclosed the mode of payment nor the sources of money and it is highly improbable that a person will pay a huge amount of rupees 16 lakh to any person for getting a job of peon. It is further submitted that said fake joining letter was given to informant on 23.03.2018 but the present FIR was lodged on 12.12.2018 after delay of 9 months. It is further contended that no case under Section 420 of the IPC is made out against the petitioner because the informant himself wants to get job by unfair means. Petitioner is in custody since 20.03.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like
Patna High Court CR. MISC. No.32903 of 2020(3) dt.05-02-2021 3/3 amount each to the satisfaction of learned court below where the case is pending in connection with Barh P.S. Case No.497 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers 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 petitioner.
(S. Kumar, J) Sanjay/- U T