Patna High CourtCR. MISC./43174/2023bail granted

Badal Tanti @ Badal Kumar v. The State Of Bihar

2023-07-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43174 of 2023 Arising Out of PS. Case No.-148 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== Badal Tanti @ Badal Kumar, S/O- Late Prashuram Tanti, Village- Ram Nagar Morcha PSNaya Ram Nagar, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Naya-Ram-Nagar P.S. Case No. 148 of 2022 dated 07.08.2022 registered for the offences punishable u/ss 302, 120B read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons along with four unknown miscreants took out pistol from their waist and started firing indiscriminately which hit the head, stomach and back on the husband of the informant leading to his death.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.43174 of 2023(2) dt.21-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 11.07.2023 passed in Cr. Misc. No. 10488 of 2023. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Naya-Ram-Nagar P.S. Case No. 148 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T