Anil Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38380 of 2022 Arising Out of PS. Case No.-65 Year-2013 Thana- KHAIRA District- Jamui ====================================================== Anil Tanti Son of Late Indradeo Tanti Resident of Village Kalyanpur, P.S. and District - jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khaira P.S. Case No. 65 of 2013 registered for the offence under Sections 387 and 506 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 28.01.2022.

Patna High Court CR. MISC. No.38380 of 2022(2) dt.23-09-2022 2/3 The allegation against the petitioner is to put the informant in fear of death in order to commit extortion of Rs. 2 Lakh.

Learned counsel appearing on behalf of the petitioner submitted that the alleged mobile number, from which the threat was advanced and informant was asked to pay Rs.2 Lakh, does not belongs to this petitioner. It is submitted that, as petitioner was involved in similar nature of cases, up to year 2013, he has been falsely implicated in the present case. It is submitted that the entire allegation is based upon electronic evidence, where chargesheet has been submitted without getting mandatory certificate, as contained in Section 65B of the Indian Evidence Act. It is further submitted that no actual transaction of extorted money, as alleged, was ever taken place, in furtherance of threat of life.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as none of the mobile, alleged to be used in the present occurrence, belongs/connected to this petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in

Patna High Court CR. MISC. No.38380 of 2022(2) dt.23-09-2022 3/3 connection with Khaira P.S. Case No. 65 of 2013 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T