Gorelal Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37975 of 2020 Arising Out of PS. Case No.-122 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Gorelal Tanti Son Of Late Bhuna Tanti Resident Of Village- Postahiya, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Khaira P.S. Case No. 122 of 2018, registered for the offence punishable under Sections 364(A) of the Indian Penal Code.

As per the prosecution case, informant's father is Branch Manager. On 26.03.2018 at 8.00 am informant's father went to the Bank and at about 4.45 pm he left the Bank for his house, but he became traceless and his mobile was switched off. Later on, some unknown person demanded ransom from the informant through mobile of informant's father. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. No statement under Section

Patna High Court CR. MISC. No.37975 of 2020(6) dt.05-08-2021 2/3 164 Cr.P.C of the victim has been recorded and petitioner has not been put on test identification parade till date. There is no eye witness of the occurrence and during course of investigation, none of witnesses have claimed to have seen the petitioner with the father of informant. In para 3 of the supplementary affidavit, it is stated that petitioner is accused in 21 cases, out of which petitioner is acquitted in five cases and he is on bail in rest cases, except the present case. Petitioner has been remanded in this case on 13.12.2018 and on his own confession his name has been surfaced in this case. Similarly situated co-accused have been granted bail by this court vide order dated 25.07.2019 passed in Cr. Misc. No. 45753 of 2019, dated 13.08.2019 passed in Cr. Misc. No.

36749 vide Annexure2 series. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No.

Patna High Court CR. MISC. No.37975 of 2020(6) dt.05-08-2021 3/3 court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T