Raju Tanti @ Raju Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35515 of 2023 Arising Out of PS. Case No.-982 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== RAJU TANTI @ RAJU KUMAR TANTI S/O RAMESHWAR PRASAD @ RAMESHWAR PRASAD TANTI R/O Village-Kothwar, P.S.-Dobhi, Dist.- Gaya (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard Mr. Aman Vishal, learned counsel for the petitioner and Ms. Sharda Kumari, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Sherghati PS Case No. 982/2022 dated 21.10.2022 registered for the offence punishable under Sections 147, 341, 323, 333, 307, 504, 353/34 of the IPC.

3. As per allegation made in the FIR, the Assistant Sub-Inspector, Excise Prohibition, Gaya was conducting breath analyzing test near Dhirjapool and during course of breath analyzing test, one tempo driver, namely, Brajesh Kesri was found having consumed liquor and he was being taken to the police station, in the meanwhile, a mob of about 100 people surrounded the police vehicle in order to set the tempo driver free from the custody of the police. The name of the petitioner

Patna High Court CR. MISC. No.35515 of 2023(2) dt.30-05-2023 2/3 and others got transpired on the basis of disclosure of the villagers and village Chaukidar.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure of his name by Chaukidar. As per the FIR, a mob of about 100 people surrounded the police vehicle, tried to set free the tempo driver from the custody of the police but only four persons have been made named accused including the petitioner with oblique motive. The petitioner is running a textile shop in the area of Kothwar and he is having no criminal antecedent.

5. Regards being had to the submissions made by the parties, taking into consideration the fact that the name of the petitioner has come on the basis of disclosure made by Chaukidar, allegation is general and omnibus in nature petitioner is having no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Sherghati, Gaya in

Patna High Court CR. MISC. No.35515 of 2023(2) dt.30-05-2023 3/3 connection with Sherghati PS Case No. 982/2022, subject to the condition as laid down under Section 438(2) CrPC. (Anil Kumar Sinha, J) perwez U T