Vijay Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33371 of 2020 Arising Out of PS. Case No.-76 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Vijay Tanti S/o Vishundeo Tanti 2.

Vikram Tanti S/o Dilip Tanti 3.

Vikash Tanti S/o Vishundeo Tanti All Resident of Kamla, Ward No. 15, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.B. Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2021 Heard both sides.

Petitioners seek bail in Cheriya Bariyarpur P.S. Case no. 76 of 2020 registered under sections 302, 307, 323, 341, 504 and 506/34 of the Indian Penal Code.

Informant- Mantun Tanti named altogether eight persons in the FIR alleged that Ranjeet Tanti came and abused his father. His father objected to it. On such VikashTanti, Vijay Tanti and Bikram Tanti came and assaulted his father and son with lathi. His father and son were badly injured. On alarm Ramnandan Tanti, Sajan Tanti, Rajo Devi and Bhawati Devi came and also assaulted him to kill. On such Ranjeet Tanti assaulted his father with iron rod on his head and his father fell

Patna High Court CR. MISC. No.33371 of 2020(3) dt.18-01-2021 2/3 down on the ground and died.

Learned counsel for the petitioners submits that there is omnibus and general allegation of assault against these three petitioners with lathi. Ranjeet Tanti specifically assaulted the deceased with iron rod on his head.

Learned Addl. P.P. opposed the prayer for bail. From perusal of injury report of Rajesh Kumar, son of the informant, it appears that he got three injuries which all are simple in nature. From post mortem report, it appears that deceased got one lacerated wound 1'x 0.5" skin deep over left eyebrow, Mild edema in both leg but doctor has opined that the deceased died of ruptured heart as a result of massive myocardial infraction. There is no other external injury. Coaccused Ramnandan Tanti @ Ramnand Tanti and Bhawani Devi have already been granted bail by coordinate bench of this court.

It further appears that it was Ranjeet Tanti who assaulted the deceased with iron rod on head. Deceased got one injury on eyebrow and that injury is not cause of death of the deceased. The deceased got internal injury and on account of which heart was found ruptured.

Taking into consideration the aforesaid facts, above

Patna High Court CR. MISC. No.33371 of 2020(3) dt.18-01-2021 3/3 named petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Manjhaul, Begusarai in Cheriya Bariyarpur P.S. Case no. 76 of 2020.

(Prabhat Kumar Jha, J) s.hassan/- U T