Rajesh Kumar Tanti @ Rajesh Ku. Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35815 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- PIRPAINTI District- Bhagalpur ====================================================== Rajesh Kumar Tanti @ Rajesh Ku. Tanti Son of Shankar Tanti Resident of Village- Kajipura, Ward No.03, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 13.10.2018 has filed the instant application for grant of bail in connection with Pirpainty P.S. Case No. 218 of 2018 (Sessions Trial No. 32 of 2019) registered for the offence punishable under sections 365 and 34 of the Indian Penal Code to which subsequently sections 302 and 201 IPC were added but lastly the same was converted under sections 364,302,201 and120B of the Indian Penal Code. As per the allegation in the FIR son of the informant disappeared for which a case was registered under sections 365 and 34 of the Indian Penal Code. It is stated by the informant

Patna High Court CR. MISC. No.35815 of 2019(3) dt.28-08-2019 2/3 that as a result of some dispute Neelam Devi and her brother namely, Niraj Kumar had threatened the informant's son on 26.09.2018.

It is submitted by learned counsel for the petitioner that there is an unexplained delay of eight days in lodging of the FIR as the occurrence said to have taken place on 29.09.2018 and the FIR was registered on 07.10.2018. Petitioner was not named in the FIR. His name transpired on confessional statement of co-accused Neelam Devi who has been enlarged on bail by order dated 09.05.2019 passed in Cr. Misc. No. 12992 of 2019. It is further submitted that the investigation has already concluded, the petitioner has no criminal antecedent and that he is in custody since 13.10.2018 The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as stated above, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 8th Additional District and Sessions Judge,

Patna High Court CR. MISC. No.35815 of 2019(3) dt.28-08-2019 3/3 Bhagalpur in connection with S.Tr. No. 32/19 (arising out of Pirpainty P.S. Case No. 218 of 2018).

(Partha Sarthy, J) Prakash/- U